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2020 (1) TMI 1680 - HC - Money LaunderingMoney Laundering - proceeds of crime - Burden to proof - conspiracy with other accused, prepared forged documents and records and thereby misused and abused his official position and not only caused financial loss to the Government - HELD THAT:- It is true that at present there may or may not be direct or indirect attempts to indulge the applicant in any process of activity connected with the proceeds of crime, there is no attempt on the part of the applicant to disclose the source of the large sums of money handled by him. There is no denying the fact that allegations have been made that the said money was the proceeds of crime and by depositing or investing the same in his wife's account and in the business of his wife and brother, the applicant has attempted to project the same as untainted money. The said allegations may be the subject matter of final outcome of the trial, but having been made, the burden of proof that the said money is not the proceeds of crime and, therefore, shifted to the applicant under Section 24 of the PML Act, 2002. The applicant has filed Criminal Revision No. 1129/2018, coaccused Sh. Abrar Baig and Vinod Malewar have filed CRR Nos. 898/2018 and 816/2018 respectively, which are still pending consideration. Earlier, in Scheduled Offence, the present applicant was granted bail by this Court on 23.08.2019 and in the present bail application, the applicant is facing charge under the PML Act. Though, according to the medical documents, the applicant is suffering from serious physical ailment but no such document is there on record which could establish that he is suffering from any life threatening disease. He was granted temporary bail for 20 days by this Court for quality treatment of his disease. Taking into consideration the entire circumstances of the case, judicial pronouncement of Supreme Court in Rohit (supra), gravity of offence and further considering the fact that the applicant is a Govt. Servant (In-charge Executive Engineer, Water Resources Department) and the manner in which the public money is alleged to have been laundered by the applicant, bail cannot be granted. The application filed under Section 439 of the Code of Criminal Procedure is rejected.
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