TMI Blog2021 (12) TMI 677X X X X Extracts X X X X X X X X Extracts X X X X ..... ribed and without verifying documents annexed along with account opening application forms. Allegation against applicants is that they verified application forms for opening of bank accounts. There is specific submission by learned counsel for both sides that there is no requirement of custodial interrogation of applicants. Considering nature of accusation in instant crime and background of applicants, without commenting anything on merits of case, the benefit of anticipatory bail granted to applicants, subject to conditions imposed - application allowed. - MCRCA No. 1308 of 2021 - - - Dated:- 13-12-2021 - Parth Prateem Sahu, J. For the Applicants : Mr. Pramod Kumar Verma, Sr. Advocate assisted by Mr. Ankit Pandey, Advocate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation Report bearing No.ECIR/01/NGR/2011 dated 10.1.2011 was registered by the Sub-Zonal Office, Raipur of non-applicant department. During investigation it revealed that Babulal Agrawal (IAS) with the help of his Chartered Accountant Sunil Agrawal and others created 13 shell companies and through these shell companies invested huge amount in M/s Prime Ispat Limited Company, owned by Pawan Agarawal Ashok Kumar Agrawal, brothers of Babulal Agrawal (IAS). During the period from 2006- 08, Sunil Agrawal, Chartered Accountant, with the help of Pawan Agarawal Ashok Kumar Agrawal, his cousin Alok Agrawal and uncle Vinod Agrawal got opened 446 benami bank accounts in Pandri and Ramsagarpara branches of Union Bank of India, Raipur in the name of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... blishes their involvement in commission of offence under Section3 of the PMLA, 2002. 3. After receiving of complaint dated 3.7.2018, the case was fixed for arguments before registration. Learned Special Court vide order dated 25.1.2021 registered case against all accused persons named in complaint including applicants and directed for issuance of notice for their presence. Applicants thereafter filed an application for grant of anticipatory bail apprehending their arrest in complaint case, which came to be dismissed by order dated 25.9.2021 (Annexure A-1). 4. Mr. Pramod Kumar Verma, learned Senior Counsel for applicants would submit that applicants are bank officials of Union Bank of India, Raipur. With intent to increase business of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l interrogation is required warranting arrest of applicants, but even then the Court below illegally rejected application for grant of anticipatory bail. No purpose will be served by arresting applicants, who are bank officials. Out of four applicants, applicants No.1 to 3 have already retired from services on 31.1.2015, 31.8.2012 30.6.2021 respectively. Whereas, applicant No.4 is at the verge of attaining age of superannuation. Hence, applicants may be extended benefit of protection under Section 438 of CrPC. In support of submissions, learned Senior Counsel places his reliance on the order passed by Co-ordinate Bench of this Court in M.Cr.C.(A) No.436/2020, parties being Amar Kumar Sinha anr vs. Union of India, and other connected mat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rms were verified by different bank officials. Offence alleged is cognizable. Section 45 of the PMLA, 2002 provides for filing of complaint under which non-applicant has filed complaint and the Special Court has taken cognizance of the same. He submits that Section 71 of the PMLA, 202 is having overriding effect and provisions of CrPC are having limited application. Section 45 of the PMLA, 2002 imposes two riders for considering application for grant of bail. Applicants are not entitled to relief as sought for in this application. In support of their submissions, they relied upon decision of Hon'ble Supreme Court in State of Gujarat vs. Mohanlal Jitamalji Porwal another reported in (1987) 2 SCC 364 ; Rohit Tandon Vs. Directorate o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g with account opening application forms. Allegation against applicants is that they verified application forms for opening of bank accounts. There is specific submission by learned counsel for both sides that there is no requirement of custodial interrogation of applicants. Hence, considering nature of accusation in instant crime and background of applicants, without commenting anything on merits of case, I am inclined to extend benefit of anticipatory bail to applicants. 10. Accordingly, anticipatory bail application is allowed and it is directed that in the event of arrest of applicants in connection with crime in question, they shall be released on anticipatory bail by the Officer arresting them on their executing a personal bond in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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