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2019 (8) TMI 327

..... hallenging the order of grant of bail on the ground of arbitrary exercise of discretion, are altogether different. In matters of grant of bail, the merits of the case are not required to be gone into in detail. The court below in the impugned orders has taken note of the gist of the offence alleged against respondent-accused persons and has thereafter, taken into consideration the fact that the final report had been filed. This Court is of the considered view that respondent-accused persons deserve bail on merits and so, impugned orders granting bail to respondents-accused persons are not liable to be interfered with, as the impugned orders do not suffer from any infirmity or illegality - petition dismissed. - CRL.REV.P. 107/2018 And CRL.RE .....

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..... aving found certain hand-written diaries/record of certain transactions of SBL group for the period from 01.01.2011 to 28.06.2011, which was found and seized by Income Tax Department in their search in the office premises of SBL Group, Vadodara, Gujrat. The said diary contained details of bank transactions as well as cash transactions involving name of some individuals including Income Tax Officers. Thereafter, an ECIR was registered by the Enforcement Directorate (ED) and the present applicant Gagan Dhawan was called by the ED on 13 different occasions, who joined the investigation and his statement was recorded. It was alleged that present applicant was known to the Directors of SBL Group, namely Chetan and Nitin. Thereafter, on 25.10.201 .....

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..... co-accused Gagan Dhawan inter alia resulting in seizure of some digital devices which upon analysis revealed various whatsapp conversations between Gagan Dhawan and accused/ applicant Ranjit Malik @ Johny regarding several cash transactions. One Rakesh Chandra who was examined by the complainant had told in his statement that accused Ranjit Malik used to work for Gagan Dhawan for collection /delivery of cash from / to various persons / places. As the accused/ applicant did not report to the summons issued to him on various dates and gave evasive replies, that he was arrested on 02.08.2018. It is further the case that even during his custody, accused/ applicant kept on giving evasive replies and failed to account for the cash deposits of &# .....

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..... hat impugned orders disclose utter non-application of mind. It was submitted that gravity of offence has not been considered in the impugned orders. It was further submitted that the parameters for grant of bail have been ignored and that the offence committed by respondents constitute a class apart and a different approach in matters of bail has to be adopted in cases involving economic offences. To submit so, learned CGSC relied upon Supreme Court s decision in Chaman Lal Vs. State of U.P. & Anr. (2004) 7 SCC 525; Sunil Grover Vs. State 2012 SCC OnLine Del 3539; Y.S. Jagan Mohan Reddy vs. Central Bureau of Investigation (2013) 7 SCC 439; Gautam Kundu Vs. Directorate of Enforcement (Prevention of Money Laundering Act), Govt. of India t .....

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..... of India. Reliance was also placed upon decision of a Coordinate Bench of this Court in Upendra Rai Vs. Directorate of Enforcement 2019 SCC OnLine Del 9086 to submit that bail has been granted to accused against whom far more serious allegations were levelled. It was submitted that respondents-accused persons have already joined the investigation and now the case is at the stage of charge. Thus, it was submitted that there is no illegality or infirmity in the impugned orders and so, these petitions deserve dismissal. The submissions advanced by both the sides have been duly considered and the impugned orders have been tested in the light of the final report filed in this ECIR case and the decisions cited have been carefully perused and ther .....

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..... the case of respondent- Ranjit Malik @ Johny, the extent of money laundering has not been highlighted in the final report. The role attributed to respondent- Ranjit Malik @ Johny is of being in hand and glove with respondent- Gagan Dhawan. During the course of hearing, it was not disputed by learned CGSC for petitioner that co-accused of respondents-accused persons are already on bail. It has not been shown to this court that the case of respondents-accused persons herein is on higher footing than the case of co-accused, who have been already granted bail. Although during the course of hearing, it was asserted on behalf of respondents-accused persons that the case of respondents-accused persons is on better footing than that of co-accused .....

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