Home Case Index All Cases Money Laundering Money Laundering + HC Money Laundering - 2021 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (2) TMI 1255 - HC - Money LaunderingSeeking grant of Bail - bribe - allegation of disproportionate assets - offences under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act and Sections 384 and 120-B of IPC - HELD THAT:- The Apex Court in Nikesh Tarachand Shah [2017 (11) TMI 1336 - SUPREME COURT] held Section 45 of the Act of 2002 unconstitutional “as a whole”. The Apex Court observed that Section 45 of the Act of 2002 was a drastic provision and is inconsistent with the principle of “presumption of innocence”. The Apex Court further observed that Section 45 of the Act of 2002 is akin to Section 20(8) of the TADA and that the latter was upheld only because it was imminent for the State to deal with terrorist activities. The amendment, which has been incorporated under Section45 of the Act of 2002 substitutes the words “under this Act” for“punishable for a term of imprisonment of more than three years under Part A of the Schedule”. Prior to the amendment, Section 45of the Act of 2002 was applicable to offences punishable for a term of imprisonment of more than three years under Part A of the Schedule, however, after the amendment, Section 45 of the Act of 2002 was made applicable to the offences punishable under the Act. If this amendment is to be taken note of, even for offences, which are punishable for 3 years, the twin condition shave to be considered - The Apex Court in Nikesh Tarachand Shah case has already declared the twin conditions as void and unconstitutional being violative of Articles 14 and 21 of the Constitution of India and has directed the High Courts to decide the bail application ignoring the twin conditions. Merely by an amendment and substitution of some words and insertion of the Explanation, the twin conditions would not be revived, as the twin conditions were held to be violative of Articles 14 and 21 of the Constitution. The petitioner was granted bail in the predicate FIR way back on 23.8.2017. As far as assets purchased by the petitioner is concerned, it is a flat worth ₹ 14 lacs. The petitioner himself is MBBS, MD (Pediatrics). There is no chance of his fleeing from justice or threatening the witnesses as the witnesses in this case are government personnel - the sentence provided under the Act of 2002 ranges from 3 years to 7 years, that the petitioner has remained in custody for a period of 5 months, that conclusion of the trial will take time and that the petitioner has been given benefit of bail in predicate FIR, it is deemed proper to allow the present bail application. Bail application allowed.
|