TMI Blog2020 (6) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... in object is to secure the attendance of the accused at the trial. The proviso to Section 45 of the Prevention of Money-Laundering Act, 2002 is applicable in this matter. Considering the entire facts aforesaid, the petitioner deserves to be enlarged on bail. Hence, the petitioner above named is directed to be released on bail on furnishing bail bond of ₹ 75,000/- with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Complaint Case. - Criminal Miscellaneous No.81919 of 2019 - - - Dated:- 29-5-2020 - Mr. Justice Birendra Kumar For the Petitioner/s : Mr. Y.V. Giri, Sr. Advocate, Mr. Bhubneshwar Prasad, Advocate, Mr. Sarbottam Kumar Sarkar, Advocate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wo FIRs were lodged by the police. Hence, it cannot be casually inferred that the property of the petitioner was proceeds of the crime of the referred cases. (c) The allegation is of discovery of property of more than 98 lakhs and proviso to Section 45 of the Prevention of Money-Laundering Act, 2002 empowers the Court to grant bail if the allegation of Money Laundering is of less than one crore rupees. Mr. Y.V. Giri, learned Senior Counsel for the petitioner has placed reliance on the judgment of the Hon ble Supreme Court in P. Chidambaram Vs. Directorate of Enforcement reported in 2020(1)BLJ 200 SC for the legal principles to be considered while considering the prayer for bail. Mr. S.D. Sanjay, learned Additional Solicitor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an s case ( supra ), the Hon ble Supreme Court considered its earlier judgments on the issue of grant or refusal of prayer for bail and concluded in para 21 of the judgment as follows:- 21. Thus from cumulative perusal of the judgments cited on either side including the one rendered by the Constitution Bench of this Court, it could be deduced that the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial. However, while considering the same the gravity of the offence is an aspect which is required to be kept in view by the Court. The gravity for the said purpose will have to be gathered from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the aforesaid principle, this Court has carefully considered the gravity factor and finds that once it is, prima facie, evident that out of twenty-six criminal cases relied by the prosecution, twenty had already resulted in acquittal, remaining two were registered against unknown and in the rest two, the police was informant, it cannot be, prima facie, gathered that undisclosed money of the petitioner was proceed of the crime. Mere accusation without any conviction cannot give rise to allegation that the petitioner has criminal background. Secondly the petitioner is in custody since more than eleven months and there is no chance of conclusion of the trial in near future due to disrupted functioning of the Courts resulted from the out ..... X X X X Extracts X X X X X X X X Extracts X X X X
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