TMI Blog2021 (5) TMI 977X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent Through Mr. Amit Mahajan, CGSC with Mr. Mohd. Faraz, SPP O R D E R HEARD THROUGH VIDEO CONFERENCING BAIL APPLN. 1447/2021 1. This petition under Section 439 Cr.P.C has been filed for grant of regular bail to the petitioner in ECIR No. DLZO-II/01/2021, dated 12.01.2021, registered at Police Station Enforcement Directorate for offences under Sections 420/468/120B IPC. 2. On 12.09.2018, at about 6:15 PM information was received that one Charlie Peng, who is from China and who indulges in anti national activities is residing in the country on the basis of forged documents like Adhaar Card, PAN Card, Passport, etc., to show that he is an Indian resident, would come to Majnu Ka Tila at about 7 PM in a Fortuner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rock Pvt. Ltd. (Formerly Sunhara Bird India Pvt Ltd), ii. M/s OTA New Delhi Pvt Ltd, iii. Luo Sang @ Charlie Peng and iv. Li Zhenghua @ Carter Lee/the petitioner herein. 5. During investigation certain agreements were discovered and three parties were found to be involved in these agreements. Party A, an Indian entity controlled by Charlie Peng through entry operators; Party B, an Indian entity of Chinese Company controlled by its parent company in China and Party C was either the petitioner herein or Gu Peng, who are partners/associates of Charlie Peng in his money laundering activities. The modus operandi under these agreements was that whenever Party B required funds in India, Party A would provide that fund to Party B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ivities of Charlie Peng. It was found that the petitioner is a party to forged capital co-operation agreements and agreements of borrowings executed in China which were seized from the office of Charlie Peng during the search conducted by Income Tax department. 7. An application for bail was filed by the petitioner before the Trial Court which was rejected by the learned Additional Session Judge-02, Patiala House Courts, New Delhi vide order dated 25.03.2021. Thereafter the petitioner has filed the instant bail application. 8. Mr. Vikas Pahwa, learned Senior Counsel, appearing for the petitioner contends that a perusal of the complaint would show that the allegation against the petitioner is that he incorporated a company which had to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 2 (u) of the PMLA and is defined as property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence. The learned Senior Counsel would contend that a reading of the entire material on record does not indicate as to which of the scheduled offence has been committed by the petitioner so as to make the proceeds from that offence a proceed of crime. He strenuously contends that till a scheduled offence is not committed and it is not established that the petitioner was, in any way, connected with the proceeds of crime arising out of a scheduled offence the petitioner cannot be arrested under Section 19 of the PMLA for having committed an offence under Section 3 of the PMLA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 82 Cr.P.C is for grant of ad-interim bail to the petitioner on medical grounds. 2. Keeping in mind the health of the petitioner and also the fact that the petitioner is in custody since 15.01.2021, this Court is inclined to grant interim bail to the petitioner for 30 days from the date of his release on the following conditions: a) The petitioner shall furnish a personal bond in the sum of ₹ 1,00,000/- with one surety of the like amount, to the satisfaction of Jail Superintendent/Duty Magistrate. b) The petitioner shall surrender his Passport (if not already surrendered). c) The petitioner shall not leave Delhi NCR without the prior permission of this Court. d) The petitioner shall report to the concerned Police ..... X X X X Extracts X X X X X X X X Extracts X X X X
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