TMI Blog2021 (5) TMI 158X X X X Extracts X X X X X X X X Extracts X X X X ..... . - R/CRIMINAL MISC.APPLICATION NO. 18263 of 2020 - - - Dated:- 16-2-2021 - HONOURABLE MR. JUSTICE A.Y. KOGJE Appearance: MR. I.H.SYED, SENIOR ADVOCATE with MR LAXMANSINH M ZALA(5787) for the Applicant(s) No. 1 MR.H.K.PATEL, APP for the Respondent(s) No. 2 MR DEVANG VYAS(2794) for the Respondent(s) No. 1 ORAL ORDER 1. RULE. Learned APP waives service of Rule on behalf of the respondent State. 2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with Complaint No.ECIR/56/AZO/2010 registered with Directorate of Enforcement, Ahmedabad under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002. 3. Learned senior advocate a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Solicitor General Mr. Devang Vyas for respondent No.1 submits that the magnitude of crime is huge. The main accused Pratik R. Shah is absconding. The applicant has played a role in attempting to dispose of immovable properties which were purchased by the ill-gotten money and that is how had played an active role. The applicant is also one of the Directors in various companies in whose favour loan has taken from the bank. Learned ASG has cited several judgments on the issue of Section 45 of Prevention of Money Laundering Act, 2002 more particularly Section 45(1)(ii) which requires the Court to be satisfied that there are reasonable grounds for believing that he is not guilty of such offence and he is not likely to commit any offence while ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icant insofar as the main offence is concerned namely C.R.No.I-04 of 2009 with CID Crime, Gandhinagar Zone Police Station for offences punishable under Sections 406, 409, 420, 467, 468, 471 and 114 of the Indian Penal Code, the applicant has been enlarged on anticipatory bail by this Court vide order dated 06.05.2011 in Criminal Misc. Application No.3662 of 2011 and the applicant has complied with conditions of bail. VIII. With regards to arguments made by learned ASG on Section 45 of the Prevention of Money Laundering Act, 2002, the proviso to Section 45 carves out an exception for a person who is under the age of sixteen years or is a women or is sick or infirm and this proviso provides for release on aforementioned categories a pers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. 10. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with Complaint No. ECIR/56/AZO/2010 registered with Directorate of Enforcement, Ahmedabad, on executing a personal bond of ₹ 10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that she shall; (a) not take undue advantage of liberty or misuse liberty; (b) not act in a manner injurious to the interest of the prosecution shall not obstruct or hamper the police investigation and shall not to ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
