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TMI Blog2022 (12) TMI 724X X X X Extracts X X X X X X X X Extracts X X X X ..... patory bail application has been filed under Section 438 of Cr.P.C. in connection with Criminal Complaint (ECIR) No. TECIR/3/IPC/JPR/2010 (Sessions Case No.36/2021) Directorate of Enforcement Vs. Shiv Narayan Joshi & Ors. for the offences punishable under Section 3 readwith Section 4 of Prevention of Money Laundering Act, 2002 registered at Special Sessions Judge (Prevention of Money Laundering Act, 2002/CBI Case) No.3, Jaipur Metropolitan-I, Jaipur. It is submitted by learned counsel appearing for the petitioner that during investigation, it is found that Shri Shiv Narayan Joshi has transferred an amount of Rs.36 lakhs in the account of Shri Lokesh Paliwal on the direction of Shri Kanhaiya Lal Kumawat and this amount came out of Proceeds ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Colony, Sector 9, Hiran Magri, Udaipur i.e. 1448.6 square feet of Shri Lokesh Paliwal R/o- 122, Verma Colony, Udaipur and the total value of the said property is Rs.28,23,600/- (attached upto Rs.14 lakhs). Learned counsel further submits that the petitioner was neither arrested nor he was in custody during the course of investigation. Complaint, to launch trial under PMLA has already been filed. He has no criminal antecedents. Therefore, looking to the facts and circumstances of the case, the anticipatory bail application of the petitioner may kindly be granted. During the course of arguments, learned counsel appearing for the petitioner, has placed reliance upon the following judgments/ orders:-(i) Bharat Chaudhary & Another v. State of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in his bank account from Shri Shiv Narayan Joshi on the instruction of Shri Kanhaiya Lal Kumawat from the Proceeds of Crime (PoC) of Rs.2,65,96,086/-, which was acquired by Shri Shiv Narayan Joshi towards reimbursement of forged medical claim. The anticipatory bail cannot be granted in economic offences. If any property is identified to have been derived out of Proceeds of Crime, such property is placed under Provisional Attachment under Section 5 (1) of the said Act. The property shall remain in possession of the Department and is subject to final confiscation after the guilt of the accused person is established by law. The burden of proof under the provisions of the Prevention of Money Laundering Act, 2002 rests on the accused. Therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arrest and detention. The fact, that a court has either taken cognizance of the complaint or the investigating agency has filed a charge-sheet, would not by itself, in our opinion, prevent the courts concerned from granting anticipatory bail in appropriate cases. The gravity of the offence is an important factor to be taken into consideration while granting such anticipatory bail so also the need for custodial interrogation, but these are only factors that must be borne in mind by the courts concerned while entertaining a petition for grant of anticipatory bail and the fact of taking cognizance or filing of a charge-sheet cannot by itself be construed as a prohibition against the grant of anticipatory bail. In our opinion, the courts i.e. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to women for the offences under PMLA, 2002 on the ground that the petitioners have been interrogated, complaint has been filed and property has already been attached. Hon'ble Rajasthan High Court in the case of Shiv Narayan Joshi (supra) has stayed the execution of arrest warrant issued against accused- Shiv Narayan Joshi. Hon'ble Apex Court in the case of Jagdish Chandra Sharma (supra) has made the order dated 29th June, 2021 absolute with the stipulation that the appellant(s) will continue to cooperate in the investigation. In the present case, during PMLA investigation, it is found that Shri Shiv Narayan Joshi has transferred an amount of Rs.36 lakhs in the account of Lokesh Paliwal on the direction of Shri Kanhaiya Lal Kumawat and t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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