ASG: On the ground he has not produced chargesheet papers, this application should go. without that material, can he say give me bail? He has not referred to one page. I am making a very serious point
ASG: Chargesheet was filed before he approached this court. By not annexing it, he has suppressed material. He does not want court to look at it. HOW CAN THIS BE DONE?
J Kant: How events took place, who case, money, Oberoi hotel...we have gone through
ASG: Another submission is this - without annexing/referring to chargesheet, can he file for bail?
J Bhuyan: Then we will have to pass a judgment on merits
J Kant: Most arguments on bail, you have raised
ASG: 4-5 things are required, I have to demonstrate those
ASG: they can't now say there was no necessity to arrest. have not challenged the order
Singhvi: I will not take more than 10 minutes
ASG: I have to show role, prima facie case against him. On merits, I have not addressed.
J Kant: PMLA Case is also based on same set of facts?
ASG: Necessity is in context of S.19 PMLA, not CrPC.
J Bhuyan: This matter was referred to larger bench. Application for regular bail if any pending will have to be decided on its own merits. Trial Court has already granted.
ASG: Despite interim bail, court said facts will have to be re-agitated
J Bhuyan: By you. It is for you to prove.
J Kant: Two judge bench has granted him interim bail. But the extension of the relief has been left to larger bench.
ASG: Right