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2022 (12) TMI 978 - HC - Money LaunderingMoney Laundering - proceeds of crime - Seeking cancellation of bail of the opposite party namely, Debabrata Halder - HELD THAT:- The Court while dealing with the application for grant of bail need not delve deep into the merits of the case and only a view of the Court based on available material on record is required. The Court will not weigh the evidence to find the guilt of the accused which is, of course, the work of Trial Court. The Court is only required to place its view based on probability on the basis of reasonable material collected during investigation and the said view will not be taken into consideration by the Trial Court in recording its finding of the guilt or acquittal during trial which is based on the evidence adduced during the trial. As explained by this Court in Nimmagadda Prasad, the words used in Section 45 of the 2002 Act are “reasonable grounds for believing” which means the Court has to see only if there is a genuine case against the accused and the prosecution is not required to prove the charge beyond reasonable doubt. In VIJAY MADANLAL CHOUDHARY & ORS. VERSUS UNION OF INDIA & ORS. [2022 (7) TMI 1316 - SUPREME COURT] the Hon’ble Apex Court was pleased to emphasise on the issue relating to a delicate balance between the merits of appreciation while deciding a case at the stage of acquittal or conviction and an application for bail. For this purpose the phrase “reasonable grounds for believing” was also emphasized in relation to the material collected by the prosecution at the time of considering the bail application. Considering that the order passed by the Learned Judge, Special (CBI), Court no.1, Calcutta in ML Case No. 11 of 2022 is in violation of the provisions of Section 45 of the PMLA, 2002, I am of the opinion that the said order calls for interference. Accordingly, the order dated 12.04.2022 granting bail to the accused Debabrata Halder is hereby set aside. Application disposed off.
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