Home Case Index All Cases Money Laundering Money Laundering + HC Money Laundering - 2023 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (2) TMI 1279 - CHHATTISGARH HIGH COURTGrant of bail - Money Laundering - opening of 446 numbers of bank accounts of various persons in connivance with the brothers of Babulal Agrawal and later on, the entire amount was transferred to M/s Prime Ispat Limited through 13 shell companies - allegations against the present applicants are that they helped the main accused persons and they were involved in the commission of the crime in question - HELD THAT:- From bare reading of the Section 45 of the Act of 2002, it appears that the court has to record finding with regard to grant of an opportunity to the Public Prosecutor and if the Public Prosecutor opposes the application, the court has to record its satisfaction to the effect that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail, before passing an order of release of an accused. In the matter of Pawan Kumar Agrawal and Ashok Kumar Agrawal same offence arising out of same complainant case was registered, but no plea was taken by Enforcement Directorate before this High Court and they have been granted protection by the Hon'ble Supreme Court. Hon'ble Supreme Court in the case of Pawan Kumar Agrawal and Another [2023 (2) TMI 1218 - SC ORDER], held that considering the fact that during the investigation, the Investigating Agency never arrested the petitioner(s) and that the petitioner(s) had co-operated during the investigation and that now the Charge-sheet is already filed and the custodial investigation is not required, we deem it appropriate to make order dated 23.03.2022 as absolute. It is directed that in case of arrest of petitioner(s), the petitioner(s) be released on bail on the terms and conditions that may be determined by the learned Trial Court. Considering the fact that the similar relief has been granted to the similarly situated accused persons by the Hon'ble Supreme Court, this bail application is allowed in the light of the order passed by the Hon'ble Supreme Court. Therefore, it is directed that in case of arrest of the present applicants, they shall be released on bail on the terms and conditions that may be determined by the trial Court - application allowed.
|