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2024 (3) TMI 77 - BOMBAY HIGH COURTRejection of bail of the applicant - co-accused - Money Laundering - Proceeds of crime - scheduled offence - accusation is that the applicant has misused his authority as despite the land falling within CRZ- III in respect of which no permission could have been granted, the applicant knowingly proceeded to grant such permission - HELD THAT:- The Special Court has observed that the role of the applicant is not of generating proceeds of crime as defined under section 2(1) (u) and laundering the same as per section 3 of the PML Act. It is further observed that it is not even the contention of ED that the applicant is beneficiary of proceeds of crime or recipient thereof. The Special Court recorded the contention that the applicant has not laundered the proceeds of crime. The Special Court then referred to paragraph 12.2 of the prosecution complaint where it is mentioned that during the applicant’s tenure as Sub-Divisional Officer, Dapoli, the applicant misused his position and directly assisted in money laundering activities of accused Sadanand Kadam. In this context, it is important to note the observation of the trial Court that the role attributed to the applicant is that he had ‘knowingly assisted’ the process of money laundering. The applicant – Jayram Vinayak Deshpande be released on bail on his furnishing P.R. Bond of Rs. 1,00,000/- with one or more sureties in the like amount - Until the applicant- Jayram Vinayak Deshpande furnishes surety, he be released on cash security of Rs. 1 lakh along with PR bond - bail application allowed.
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