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2020 (5) TMI 319 - HC - Money LaunderingBail application - Money Laundering - Scheduled Offences - an amount of ₹ 2.55 Crores was seized/recovered from possession of the co-accused Dhirendra Singh and Sanjay Sethi - HELD THAT:- It is not in dispute that the petitioners have been granted bail by the Coordinate Bench of this Court at Principal Seat, Jodhpur under section 439 Cr.P.C. under the scheduled offences. It is also not in dispute that the petitioners are in custody since 19.02.2020/ 17.03.2020. While dealing with the present bail applications, this court has to see three facts, 1. running away of the accused 2. tempering with the evidence 3. influencing witnesses - the petitioners are entitled to be released on bail for the reasons; firstly the argument of Mr. R.D. Rastogi, ASG that the petitioners failed to appear before the trial court from 21.01.2020 till 17.02.2020 is not of any help as the petitioners were persuing their legal remedy under the law during the said period; secondly since all the documents seized are lying either with the officers of the Department or with the Court, so there is no question of tempering with the evidence; thirdly so far apprehension of influencing the witnesses is concerned in my considered view no attempt has been made by the department to show that the petitioners have ever tried to influence the witnesses of the department and fourthly the petitioners have been granted bail under the scheduled offences and the trial of both the cases is jointly going on and therefore no useful purpose would be served in keeping the petitioners in custody and lastly the amount seized by the ACB is lying in the FDR and the same has not been used either by the petitioners or by other co-accused persons. Bail application allowed - petition allowed.
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