NAGANI AKRAM MOHAMMAD SHAFI vs THE UNION OF INDIA AND ANR

Judgment text excerpt

ba728-2025.doc VRJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.728 OF 2025 Nagani Akram Mohammad Shafi Age :- 33 years, Occ.: Service Having permanent residence at: Village Dhoraji, District- Rajkot, State- Gujrat. (Presently in judicial custody, lodged at Mumbai Central Prison, Mumbai) … Applicant V/s. The Union of India Digitally signed by 1 Through Assistant Director, VAIBHAV VAIBHAV RAMESH RAMESH JADHAV Directorate of Enforcement, Mumbai, JADHAV Date: 2025.07.08 14:28:21 +0530 Mumbai Zonal Office, Zone-II, Mumbai The State of Maharashtra, 2 Through Public Prosecutor, High Court of Bombay, Mumbai … Respondents Mr. Ajay Bhise with Ms. Deepali Kedar, Mr. Sandeep Salonkhe and Mr. Tejas Dhotre for the applicant. Mr. H. S. Venegavkar with Mr. Aayush Kedia and Ms. Leepika Basant for respondent No.1. Ms. Supriya I. Kak, APP for the State. CORAM : AMIT BORKAR, J. DATED : JULY 8, 2025 ORAL JUDGMENT: 1. The present bail application involves a substantial question of law, which, though uncommon in the context of bail proceedings, assumes considerable importance for the proper 1 ba728-2025.doc adjudication of the present case. The core issue that arises for consideration is whether the references made in the Prevention of Money Laundering Act, 2002 (hereinafter referred to as ‘PMLA’), to the provisions of the Indian Penal Code, 1860 (IPC) and the Code of Criminal Procedure, 1973 (CrPC), stand vitiated or rendered ineffective by virtue of the repeal of those enactments through the coming into force of the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). A further question that necessarily follows is whether such references in the PMLA are now to be construed as referring to the correspon