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2024 (1) TMI 9 - HC - Money LaunderingSeeking grant of anticipatory bail - principles of parity - illegal earning of black money and purchased movable and immovable property in the name of his family members - HELD THAT:- A woman can take benefit of the first proviso, where she can be released when the money laundering is of lesser amount. Since the applicant is main accused, the principle of parity is not applicable. On careful considerations to the precedents cited by learned Senior counsel for the applicant, but in the considered view of this Court, the same are inapposite to the factual scenario of this case. On perusal of the law laid down in the case of MAHDOOM BAVA VERSUS CENTRAL BUREAU OF INVESTIGATION [2023 (3) TMI 881 - SUPREME COURT] is concerned, the custodial interrogation was not required by CBI in that cases, hence due to different facts of the case, applicant of this case cannot be benefitted by the aforesaid case. So far as the judgements passed in the cases of PAWAN KUMAR AGRAWAL & ANR. VERSUS ENFORCEMENT DIRECTORATE THROUGH I.O. [2023 (2) TMI 1218 - SC ORDER] and RAGHVENDRA SINGH TOMAR APPELLANT VERSUS DIRECTORATE OF ENFORCEMENT [2023 (5) TMI 1282 - SC ORDER], the facts of those cases are not applicable here, because in the case at hand, it is remonstrated by learned Dy. Solicitor General that the investigation pertains to applicant is still going on as he is still dealing with proceeds of crime. hence, in light of Section 45 of PMLA, applicant cannot be benefited for grant of anticipatory bail. Since the matter is related to the economic offences containing property worth Rs. 1,55,87,861/-, the applicant cannot be released under the provisions of anticipatory bail and therefore, anticipatory bail application filed under Section 438 of the Cr.P.C is hereby dismissed.
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