2023 (7) TMI 1025 - CHHATTISGARH HIGH COURT

Grant of Regular Bail - money laundering - proceeds of crime - predicate offence/scheduled offences - acquittal of the accused - recording of statements under Section 50 of the PMLA, 2002 - HELD THAT:- Considering the judgment of High Court of Karnataka in case of LAXMIKANTH TIWARI VERSUS STATE OF KARNATAKA BY CHIEF SECRETARY, STATE OF KARNATAKA BY KADUGODI POLICE STATION, PAKKIRESH BADAMI S/O KR BADAMI [2022 (11) TMI 1381 - KARNATAKA HIGH COURT], wherein Hon’ble High Court of Karnataka has categorically recorded its finding that no case has been registered against the petitioner in Crime No. 129/2022 and prosecution initiated any proceeding based upon this crime number and the petitioner is not an accused in Crime No. 129/2022, as such, offence took place at Bengaluru in Crime No. 129/2022 cannot be predicated offence for registering case under PMLA, 2002 by the ED at Chhattisgarh wherein the applicant along with co-accused Suryakant Tiwari and others are being charged for involving in a money laundering case and the present applicant has been arrested in money laundering case along with co-accused, therefore, even if it is presumed (not accepting it in absence of any better material on record or order from the competent court) that no predicate offence has been levelled, therefore, the applicant is entitled to get bail under PMLA, 2002, is not acceptable and deserves to be rejected and also considering the case diary and other material placed on record, which prima facie shows involvement of the applicant in crime in question, therefore, considering entirety of the matter, this Court is of the opinion that the applicant is unable to satisfy twin conditions for grant of bail under Section 45 of the PMLA, 2002, as such, it is not a fit case for grant of bail to the applicant.

The bail application filed under Section 439 of the Cr.P.C. is liable to be and is hereby rejected.