WPPIL No. 134 of 2022
Appearance
Petitioner : Mr. Paras Jain and Ms. Anuja Sharma Ms. Vedagni Jangde and Mr. Naveen Nirala,
Respondent: Mr. Anurag Dayal Shrivastava, Mr. Abhijeet Mishra, Mr. H.S. Ahluwalia
CORAM: Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Naresh Kumar Chandravanshi,
Order dated: 02 .11.2023
Introduction
The High Court of Chhattisgarh conducted that its administrative side decided a representation seeking mandatory usage of ‘A4 size papers’ in the High Court and the subordinate Courts of the State for all purposes like preparation of applications, petitions, affidavits, etc.
Facts of the case
This is first bail application filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973, for grant of anticipatory bail, who has apprehension of being arrested in connection with Crime registered at Police Station- Directorate of Enforcement, Zonal Office, Raipur (C.G.) for the offense punishable under Sections 186, 204, 353, 120B, 384 of IPC, Sections 3 & 4 of the Prevention of Money Laundering Act, 2002
The case of the prosecution is that during a search and seizure investigation under Section 132 of the Income Tax Act conducted one Mr. Suryakant Tiwari at a hotel room of Hotel Sheraton Grand, Bengaluru, certain incriminating materials are said to have been found, based upon which a complaint was lodged by the Income Tax Department at the Kadugodi, Police Station Bengaluru alleging offenses under Sections 186, 204 and 353 read with Section 120B of the IPC which led to the registration of the FIR.
The role of the present applicant is that he was an active member of the extortion syndicate. He was the focal point where all the extorted cash was deposited, stored and subsequently dispatched for utilization as per the instructions of Suryakant Tiwari. A large amount of cash was also used to purchase immovable assets in the name of the present applicant. Many of the handwritten entries in the diaries were made by the present applicant only
Senior counsel for the applicant would submit that it is a case where the applicant would be entitled to the benefit under the exceptions carved out under Section 45 of the PMLA, 2002 further submit that provisions of Section 45 of the PMLA for grant of bail are also applicable for grant of anticipatory bail and the applicant fulfills the requisite conditions for grant of bail under Section 45 of the PMLA, 2002 thus, he is entitled to get anticipatory bail. To substantiate his submission It has also been contended that a complaint has been filed against the present applicant and others for the commission of an offence under the Money Laundering Act. The learned Special Judge (PMLA) Raipur has taken cognizance of the said prosecution complaint. Thus, it is crystal clear that the present applicant is knowingly a party to the offense under Section 3 of the PMLA, 2002
Analysis of the court
the bail application filed under Section 438 of the Cr.P.C. is liable to be and is hereby rejected
it is clarified that the observations made in this judgment, either way, are only for disposal of the present bail application, and these would not influence the trial court on the case’s merits, which would proceed by law and decide based on evidence led before it.
All disputed factual and legal issues are left open.
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Written by-
Kaulav Roy Chowdhury
