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2014 (8) TMI 1163

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..... dhu, AAG JUDGMENT M.M. Singh Bedi, J. 1. The petitioner seeks concession of pre-arrest bail in a complaint which has been filed by respondent No. 2 under Prevention of Money Laundering Act, 2002 (for short "the Act") which is an off shoot of FIR No. 341 of 2010 registered on 27.11.2010 under Sections 420, 467, 468, 471 and 120(B) IPC alleging that the petitioner had misappropriated the money .....

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..... the Act are not applicable to the facts of the present case as the offence is alleged to be punishable under the Prevention of Money and Laundering Act, 2002 which is not covered by the offences which have been described in Part A of the Schedule appended to the Act as amended w.e.f. 03.01.2013. It is submitted by counsel for the petitioner that the un-amended Schedule would be applicable in the p .....

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..... e other properties is still in progress. 5. Counsel for the complainant has placed reliance on the judgments in Vikas Kumar Sinha v. The State of Jharkhand through Directorate of Enforcement: 2011 (2) J.C.R. 395 (Jhr.), Anos Ekka v. The State of Jharkhand, B.A. No. 6982 of 2010, decided on 06.02.2011 and Union of India (UOI) v. Hassan Ali Khan and Another: 2011 (4) RCR (Crl.) 427 to contend that .....

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..... inal judgment has already been passed in the FIR on 25.02.2014. During the period of trial, the petitioner seems to have not misused his liberty as such the apprehension of complainant that the petitioner while on bail would misuse this liberty is misconceived at this stage. (2) It is debatable and is required to be adjudicated during the course of trial whether the provisions of Part A of the Sc .....

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