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2022 (11) TMI 50 - CHHATTISGARH HIGH COURTMoney Laundering - Seeking grant of bail - scheduled offences - proceeds of crime - untainted money - framing of charges - Sections 417 of the IPC and under Sections 17, 40 (1)((b) and 40(1)(c) of the Unlawful Activities (Prevention) Act, 1967 - HELD THAT:- The applicant is in custody for more than 2½ years, particularly considering that schedule offence has been registered in the year 2013 and the investigation in respect of other offences commenced after the knowledge of registration of schedule offence and the investigation started belatedly and complaint was filed after more than 5 years, and that the schedule offence has been finished and till so far the Special Court has not framed the charges under the PMLA Act; for the schedule offence the applicant has been in jail for more than 8 years and was granted bail under Section 389 of the CrPC - further considering the nature of accusation and the evidence and that the applicant has taken a specific defence that one unknown person has called him that he has won the lottery and the applicant has been trapped in such a organized crime and further considering the statement given by the applicant under Section 50 of the PMLA Act; without further commenting anything on the merits of the case and that trial is likely to take considerable time, this Court is inclined to release the applicant on bail. The applicant is directed to be released on bail subject to the conditions imposed - application allowed.
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