Pune businessman Hasan Ali Khan, arrested by the Enforcement Directorate for alleged money laundering, has approached the Bombay high court seeking bail even though he has one pending before the special court.
The special court will hear Khan’s bail application on April 26, whereas his application in the high court is expected to come up for hearing on April 20.
In his bail application, Khan contends if the ED can directly approach the Supreme Court challenging the bail granted to him by the special court on March 11, then the same principle should apply to him as well.
His application stated, “When the ED challenged the order of the special court releasing Hasan Ali on bail on
March 11 before the Supreme Court, the same principle needs to be applied here. The agency cannot now object to Hasan Ali’s bail plea before the high court.”
His application added, “Another circumstance for approaching the high court is that Niteen Pradhan and Sonali Bendre, who will be representing the ED, are not notified as special public prosecutors by the central government. So, there is likelihood of delay in the hearing of the bail plea by the lower court.”
Khan’s advocate, IP Bagaria, said the material collected by the ED does not disclose any offence under the Prevention of Money Laundering Act.
Khan’s application stated he was willing to give an undertaking to withdraw his bail application from the special court if the high court admitted his application.
In view of the April 20 date given by the high court, Bagaria said they would withdraw the application from the special court on April 18.
The ED arrested Khan on February 7. Special judge ML Tahalyani had granted bail to Khan on March 11.
The Supreme Court set aside the bail order on March 21 on an appeal by ED.