J Gavai: We find that contentions of ASG is self-contradictory. If investigation was to conclude by 03.07.2024, how could trial commence before that? There is no question of trial being concluded in 8 months of 1st order
J Gavai: It can't be expected that accused won't need reasonable time to inspect documents, including unrelied documents. In second order, this Court recorded respondent's submission that chargesheet would be filed by...
J Gavai: When we specifically asked ASG to show any order where trial Court found any application to be frivolous, but not one was showed. We find that the finding of delay by appellant is not supported by record
J Gavai: Present appellant only filed 14 and 13 applications in ED and CBI cases...most were for supply of missing documents...some were for inspection. All were allowed.
J Gavai: Trial Court rejected appellant's contention that he did not contribute to delay. however, in one para, it recorded that...it would take 70-80 days to prepare one copy of digital unrelied documents
J Gavai: The question is whether trial court and high court have considered delay in trial. In our view, there was ignorance of this court's order...
J Gavai: We have considered S. 45 PMLA objection. We have referred to oct 2023 judgment where it was said that delay in trial should be read into S.45. In view of long incarceration, rigors can be relaxed. Observation with regard to triple test...
J Gavai: It would be travesty of justice to relegate the appellant to trial Court. Liberty reserved by this court on 4 june to revive will have to be interpreted as reviving of prayer before this court. Not inclined to entertain preliminary objection
J Gavai: A citizen cannot be made to run from pillar to post. June 4 order recorded that it did not go into merits. This court noted assurance of SG that investigation would be completed and chargesheet would be filed before 3 july.
J Gavai: This court had granted liberty to appellant to revive his prayer...now relegating back to trial court would be making him play game of snakes and ladders