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2022 (11) TMI 754 - HC - Money LaunderingSeeking grant of Regular Bail - Scheduled offence - laundering of black money and political money - these companies are used as Shell Companies by politicians - HELD THAT:- Rigor of Sub-Section-(i) of Section 45 of PML Act is not in dispute, the court comes to a conclusion either to allow or reject the bail, these two conditions are required to be followed. ED has been provided full opportunity to oppose the bail. Prima facie the records are required to be considered for believing that the accused persons are not guilty of such offence and that he is not likely to commit any offence while on bail. Proviso to said Section speaks of granting bail, if it is less than Rs. 1 crore. The petitioner is a practicing advocate, in that circumstance, the liability of the petitioner for further investigation, interrogation and facing trial is not jeopardized and he is already held to be not at ‘flight risk’ and there is no possibility of tampering the evidence or influencing / intimidating the witnesses, as has been submitted by the Mr. Nilesh Kumar, learned counsel appearing for the petitioner. It has been reported that in Hare Street P.S. Case No. 222 of 2022, the petitioner has already been granted bail and this case has been registered on the basis of that case, which is in view of the provisions of PML Act and the offence is also coming under the scheduled offence. Considering all these aspects of the matter including the duration of custody of the petitioner in the present case, as he is in jail custody since 18.08.2022, the court comes to a conclusion that he is entitled to be granted bail - application allowed.
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