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2015 (8) TMI 1341 - HC - Money LaunderingBail application - money laundering - nature of offence - Held that:- We have perused the supplementary complaint No.4/2014 which shows that fraud has been committed by some of the accused. However, the complaint does not show any material evidence, direct or circumstantial, against the petitioner. Allegations against the petitioner are of handling money belonging to his uncle from Mumbai. So far as the petitioner is concerned, there is no recovery or discovery from or at the instance of the petitioner. Barring statements, there is no prima facie material evidence against the petitioner of any money laundering even today despite the fact that he is in custody for the last about 11 months. Powers of this Court in writ jurisdiction under Article 226 of the Constitution are much wider than the jurisdiction for granting bail under Cr.P.C. We are informed of the fact that uncle of the petitioner, who is alleged to have much higher role and is stated to be the main accused, is on bail pursuant to quashing of non-bailable warrant issued against him by a single Judge of this Court, while observing that order was obtained by the respondents by misrepresenting and suppression of vital facts. Out of 89 accused persons and entities, all are on bail except eight or nine, including the petitioner. If about 80 out of 89 accused are ordered to join investigation under protection of Court orders, present petitioner who had already undergone about 11 months is entitled to the interim relief prayed by him. The petitioner is ordered to be released till the final decision of this petition, subject to his furnishing a personal bond in the sum of ₹ 50,000/- (Rupees Fifty Thousand only) with one surety of the like amount to the satisfaction of the Special Court and on observing other general conditions as well as condition that he will not leave country without prior permission of the trial Court. However, on a request made by the learned advocate, the petitioner may furnish surety in cash and cash surety will be replaced by solvent surety within a period of 15 days.
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