Central Bureau of Investigation v. Sanjay Pandey; connected Chitra Ramakrishna petition
A connected PMLA bail assessment may be considered in a CBI bail case sharing the factual foundation if the court still assesses the CBI record and each accused’s role; the earlier order is not conclusive.
By CA Nikhil Gupta · Reviewed against the retained judgment 2026-09-26
A connected PMLA bail assessment may be considered in a CBI bail case sharing the factual foundation if the court still assesses the CBI record and each accused’s role; the earlier order is not conclusive. CBI challenges dismissed; distinct bail orders left standing
What happened
CBI challenged December 2022 bail orders in its NSE telephone-monitoring case involving iSEC Services and allegations of roughly ₹4.54 crore paid under cyber-vulnerability work orders. The Special Judge had considered a connected High Court PMLA bail decision concerning Sanjay Pandey. CBI contended that its separate prosecution and Chitra Ramakrishna’s different role required independent analysis; a charge sheet was filed the day after the challenged bail orders.
Questions before the court
- Whether reliance on a related ED bail judgment made the two CBI bail grants perverse or unlawful.
- Whether a later charge sheet could retrospectively vitiate the original discretion.
What each side argued
CBI argued that it was not a party to the ED bail proceeding and that the trial court imported prima facie conclusions. The respondents pointed to the shared FIR, recorded objections and individual role analysis. No post-release breach was alleged.
Why the court ruled this way
The High Court distinguished review of an original bail grant for perversity from cancellation based on later conduct. A related ED order could be relevant to the common facts and alleged predicate offences, though never binding on CBI or a substitute for independent judgment. The Special Judge had recorded CBI’s objections, identified Pandey’s circumstances and separately addressed the allegations against Ramakrishna. The charge sheet filed a day later could not retrospectively make the earlier bail assessment perverse.
Controlling point
A connected PMLA bail assessment may be considered in a CBI bail case sharing the factual foundation if the court still assesses the CBI record and each accused’s role; the earlier order is not conclusive.
Order and next steps
Both CBI petitions, CRL.M.C. 2749/2023 and 2751/2023, were dismissed. The 2022 CBI bail grants remained effective. The trial court was directed to proceed without being influenced by prima facie observations in these bail rulings.
Practical implications
When reviewing parallel agency proceedings, track which order concerns which person, offence and bail standard. A later charge sheet may require action at the proper procedural stage, but an original bail-order challenge focuses on the material available when discretion was exercised.
Limits of this ruling
- The judgment does not declare that no illegal monitoring occurred or dismiss the criminal case.
- A bail order in ED proceedings grants no automatic bail or immunity in CBI proceedings.
Law and judgment source
- CrPC, sections 437, 439 and 482
- Prevention of Corruption Act 1988
- Information Technology Act 2000
- Prevention of Money Laundering Act 2002, section 45
The linked PDF is a complete public court-copy document. The official court portal is provided for independent verification; a stable judgment-specific official link was not independently established.
Source checked: 2026-09-26 · Judgment paragraphs: Paragraphs 43–80 · Later case history: not verified. Verify subsequent orders before reliance.
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