Home Case Index All Cases Money Laundering Money Laundering + HC Money Laundering - 2023 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (11) TMI 750 - CHHATTISGARH HIGH COURTRejection of Bail application - Money Laundering - proceeds of crime - sale of property and receipt of cash - reliability of statement recorded under Section 50 of the PMLA, 2002 - burden of proof to prove non-involvement in the crime of money laundering - requirements under Section 45 of the PML Act, 2002 complied or not - HELD THAT:- It is necessary for the applicant to prima facie establish that he is not involved in the commission of offence under the PMLA, 2002 to enlarge on bail, therefore, this Court is now considering the factual matrix as projected by the applicant and the respondent to substantiate their respective stands. The submission made by learned Senior counsel for the applicant that the applicant has sold the property to Smt. Shanti Devi Chaurasia for consideration of Rs. 2.53 crore through registered sale-deed and through banking channels, which cannot be said to be amount of proceed of crime and his submission that allegations made by the respondent that the present applicant has received cash of Rs. 61.02 lacs over the above sale proceeds, which were then deposited into his bank account, is not proceed of crime, cannot be prima facie considered for releasing the applicant on bail as the applicant in his statement recorded under Section 50 of the PMLA, 2002 has admitted that Mr. Anurag Chaurasia and Smt. Shanti Devi Chaurasia have purchased the land and the sale proceeds of the firm was Rs. 2,53,59,842/- and he was working as Supervisor in the firm and in the further statement, he has admitted that he will submit invoice related to sale proceeds of Rs. 61,02,550/- but he has stated that he has no sale receipt as recorded on 26.10.2022. Taking into consideration the statement recorded under Section 50 of the PMLA, 2002, wherein he has stated that the excess amount of Rs. 61.02 lacs as proceed of sale of fruits but this was denied by one Chandrashekhar Sinha in his statement recorded under Section 50 of the PMLA, 2002 wherein he has stated that the bill produced by the present applicant is bogus. From these statements, it is quite vivid that prima facie involvement of the applicant is also in the commission of offence under the PMLA, 2002. As such, twin conditions which are required for grant of bail, are not available. Considering the records of the case, other material placed on record, which prima facie shows involvement of the applicant in crime in question, therefore, considering entirety of the matter, this Court is of the opinion that the applicant is unable to satisfy twin conditions for grant of bail under Section 45 of the PMLA, 2002, as such, it is not a fit case for grant of bail to the applicant - the bail application filed under Section 439 of the Cr.P.C. is liable to be and is hereby rejected. Application rejected.
|