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2019 (3) TMI 2005

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..... The sentence imposed by judgment and order dated 29.1.2019 passed by learned Principal District Sessions Judge and Designated Special Judge( PMLA), Ahmedabad (Rural) in PMLA Case No.2 of 2011 is hereby suspended pending hearing and final disposal of the present criminal appeal. The applicant shall be released on regular bail by executing fresh bond of Rs.15,000/- and one surety of like amount to the satisfaction of trial Court on condition that he shall proceed with the criminal appeal as and when it may be listed, and he shall surrender his passport, if having, before the learned trial Court and shall not leave India without prior permission of this Court. Application disposed off. - CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENT .....

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..... necessarily to be proceeded in trial along with the offence punishable under Sections 4 of the Prevention of Money Laundering Act, 2002, wherein the Jharkhand High Court, after considering the position of law, observed as under :- 33. No doubt it is true that procedure relating to investigation, enquiry etc. of the scheduled offence is different from the procedure of the investigation of the offence under Section 4 of the Prevention of Money Laundering Act but that difficulty would have arisen when the question would have been there for clubbing of the charges. 34. Here, the point is never related to clubbing of the charges, rather the point is whether the special Court can proceed simultaneously with the trial of the scheduled offen .....

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..... nterpretation made by Jharkhand High Court for both the offences namely offence punishable under Section 4 of the Prevention of Money Laundering Act 2002 and scheduled offences of the said Act are required to be proceeded simultaneously and upon inflicting the punishment in the scheduled offences, thereafter punishment could be imposed under Section 4 of the said Act. 5. In view of the aforesaid position of law in the present case, the learned trial Court has indisputably kept the trial pending, so far as offences punishable under scheduled offences of the Act is concerned and separately conducted the trial under Section 4 of the Prevention of Money Laundering Act 2002. 6. In that view of the matter, this Court deems it appropriate to .....

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