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2022 (10) TMI 197 - HC - Money LaunderingSeeking grant of anticipatory bail - Money Laundering - proceeds of crime - siphoning off of funds of partnership firm - HELD THAT:- In view of the statement of applicant under Section 50 of the Act, 2002, it cannot be denied that he was not involved in the alleged offence. The applicant was not the dormant partner of the firm, rather he had actively participated on behalf of the firm in commission of the alleged offence being in direct contact with another partner Sanjay Kumar Tiwary. In view of the Section 25 of the Indian Partnership Act, 1932 every partner of a firm is jointly along with other partners and also severally liable for all acts of the firm done, while he is a partner. Therefore, even if the charge-sheet was not filed against the applicant in the scheduled offence in individual capacity; but substantially and materially the allegations are against M/s. Bhanu Construction firm and the authorized signatory Sanjay Kumar Tiwary against whom the charge-sheet was filed in the scheduled offence being in individual capacity also. But for the act of the firm both partners are liable and it cannot be accepted that the applicant Suresh Kumar was not involved in the alleged offence. In the case in hand, though the charge-sheet was not filed in individual capacity against the applicant but all the allegations are against the M/s. Bhanu Construction, a partnership firm and the applicant is the partner of the said firm and he is jointly and severally liable for the act of the said firm. The anticipatory bail is nothing; but a bail granted in anticipation of arrest, hence it has been held in various judgments by Hon’ble Apex Court that the principles governing the grant of bail in both cases are more or less on same footing. Thus ordinarily anticipatory bail is granted in the exceptional cases where the accused has been falsely implicated in an offence with a view to harass and humiliate him. Therefore it would not be logical to disregard the limitation imposed on granting bail under Section 45 of the 2002 Act, in case of anticipatory as well. Thus, the plea raised by the learned counsel for the applicant is not accepted that the applicant was not involved in commission of the alleged offence, rather in capacity of a partner of M/s. Bhanu Construction his involvement is prima facie made out and there are reasonable grounds for believing that he has committed the aforesaid offence and is likely to commit offence, if enlarged on bail. The applicant’s prayer for anticipatory bail is, hereby, rejected.
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