TMI Blog2016 (4) TMI 1168X X X X Extracts X X X X X X X X Extracts X X X X ..... rmission of either this Hon'ble Court or the Trial Court. 3. Petitioners shall appear before the Investigating Officer in the Office of Enforcement Directorate, Delhi initially on every alternative day from 11:00 AM to 1:00 PM for a period of fifteen days and thereafter, as and when called upon by the Investigating Agency. 4. Petitioners shall furnish a mobile phone number to the Investigating Officer prior to their release and shall ensure the same to be operational at least between 9:00 AM to 6:00 PM. 5. Petitioners also undertake that the information furnished to their counsel by the Investigating Officer regarding their appearance before the ED would be construed to be a deemed service on the petitioner. For this purpose, the I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es/entities/banks/accounts etc. including those who/which are the subject matter of present investigations conducted and in progress by ED. 11. Petitioners undertake not to deal with and/or carry out any export/import activity and/or transactions relating thereto either directly or indirectly. 12. Petitioners hereby tender on record their undertaking that they would not rely upon any invoices/import orders or any other such document relating to the transactions as alleged in the Complaint filed by ED during the trial and would not claim the existence of any such document at any subsequent stage of the proceedings or trial. Admit. Leave granted to the respondents to filed counter affidavit post admission. - W.P.(CRL) 307/2016 & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the petitioners are serious in nature and pertain to large sums of money and there are no reasonable grounds which would entitle the petitioners to grant of bail even during the pendency of this writ petition. Reliance is placed on the case of Gautam Kundu Vs. Manoj Kumar, Assistant Director, Eastern Region Directorate of Enforcement (Prevention of Money Laundering Act) Government of India reported in AIR 2016 SCC 106 wherein it has been held that : 28. Before dealing with the application for bail on merit, it is to be considered whether the provisions of Section 45 of the PMLA are binding on the High Court while considering the application for bail under Section 439 of the Code of Criminal Procedure. There is no doubt that PMLA deals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be satisfied during the grant of bail; firstly the Public Prosecutor must be given a chance to oppose the application for such release; and secondly, the Court must be satisfied that there are reasonable grounds for believing that the accused person is not guilty of such offence and is not likely to commit such offence while on bail. While Mr. Vikram Chaudhari, learned Senior Counsel appearing on behalf of the petitioner Gurucharan Singh submits that Section 45 of the Prevention of Money Laundering Act would not be applicable to the petitioners herein as no FIRs have been lodged against them and they have not been charged for any scheduled offence under Part-A of Prevention of Money Laundering Act. Mr. Sanjay Jain, learned ASG sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/State and other similar considerations. We enlarge the petitioners on bail during the pendency of the petitions on the following conditions : 1. Petitioners shall execute a bond of Rupees Five Lacs each with two solvent sureties, each for the like amount to the satisfaction of the Trial Court. 2. Petitioners shall not leave the territorial jurisdiction of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Petitioner's movable/immovable property and/or his Bank Account, petitioner undertakes not to operate the Bank Account(s) without prior permission of either this Hon'ble Court or the Trial Court. 8. Petitioners undertake to furnish all information and/or issue any written instructions and/or correspondence for and in relation to any specific purpose, as sought for by the ED for the purpose of facilitation of investigation, except any self incriminating disclosure. 9. Petitioners shall answer each and every query put to them either orally or in writing by the Investigating Agency without any delay and in case, some data or record is to be collected, for answering such query, the same shall be endeavoured to be done with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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