TMI Blog2023 (2) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... ment, threat, or promise, directly or indirectly, to the witnesses, the Police officials, or any other person acquainted with the facts and the circumstances of the case, to dissuade them from disclosing such facts to the Police, or the Court, or to tamper with the evidence. The bail bonds shall remain in force throughout the trial and after that in Section 437-A of the Cr.P.C., if not canceled due to non-appearance or breach of conditions. Any Advocate for the petitioner and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all conditions of this bail order in any language that the petitioner understands - If the petitioner finds bail condition(s) as violating fundamental, human, or other rights, or causing difficulty due to any situation, then for modification of such term(s), the petitioner may file a reasoned application before this Court, and after taking cognizance, even to the Court taking cognizance or the trial Court, as the case may be, and such Court shall also be competent to modify or delete any condition. There would be no need for a certified copy of this order for furnishing bonds, and any Advocate for the Petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... record the ED s response, which reads as follows: 1. That, in compliance to order dated 05.12.2022 and order dated 20.12.2022, it is submitted that in present matter Ashok Kumar Mittal, Director of M/s Mahesh Timbers Pvt Ltd being the master mind behind the said embezzlement and laundering of massive sum of money, was arrested on 23.05.2022 invoking provisions of Section 19 of PMLA, 2022 and Prosecution Complaint/ Challan No. COMA/27/2022 dated 20.07.2022 was by this Directorate before the Hon'ble Special Court (PMLA),Panchkula within 60 days of arrest with Raman Singhal as one of the accused. The bail application of Ashok Kumar Mittal has been dismissed by this Hon'ble Court vide order dated 30.09.2022. 2. That, at this stage the petitioner Raman Singhal can not be arrested without warrants of Court since the Prosecution has been filed by the Directorate and the matter is sub-judice before the Trial Court. 3. That, if bail application of Petitioner is declined by this Hon'ble Court, if deemed fit, Petitioner may be arrested and/or custodial interrogation may be sought from the Trial Court for further investigation. This Directorate is opposing the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble, or creating a lien over his bank account. The accused should also have a further option to switch between the modes. The option lies with the accused to choose between the sureties and deposits and not with the Court or the arresting officer. 11. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above, in the following terms: (a). Petitioner to furnish personal bond of Rs. Ten thousand (INR 10,000/-); AND (b) To give one surety of Rs. Twenty-five thousand (INR 25,000/-), to the satisfaction of the concerned investigator/SHO. Before accepting the surety, the concerned officer must satisfy that if the accused fail to appear in court, then such surety can produce such accused before the court. OR (b) Petitioner to hand over to the concerned investigator/SHO a fixed deposit for Rs. Ten Thousand only (INR 10,000/-), with the clause of automatic renewal of the principal and the interest reverting to the linked account, made in favour of the Chief Judicial Magistrate of the concerned district. The fixed deposit may be made from any of the banks where the stake of the State ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, indecent language, inhuman treatment, etc. 13. The petitioner shall not influence, browbeat, pressurize, make any inducement, threat, or promise, directly or indirectly, to the witnesses, the Police officials, or any other person acquainted with the facts and the circumstances of the case, to dissuade them from disclosing such facts to the Police, or the Court, or to tamper with the evidence. 14. Within fifteen days from today, the petitioner shall forward to the Investigator and also to the petitioner s employer through the immediate superior officer a notarized affidavit containing the complete details of bank account numbers with addresses, fixed deposits, DEMAT account numbers, the current market value of jewelry, sovereign metals, all precious articles, held either individually or jointly, and cash-in-hand. The affidavit declaring assets and liabilities shall not be used in violation of Article 20(3) of the Constitution of India. If the petitioner fails to comply with this condition, the bail might be canceled on this ground alone and the Investigator/concerned officer of ED shall file the said application in this court. 15. The bail bonds shall remain in force thr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be deemed to have also been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding the maximum sentence prescribed in the sections mentioned above, then, in that case, the Investigator/Officer-In-Charge shall give the petitioner notice of a minimum of seven days providing an opportunity to avail the remedies available in law. 21. Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. 22. In return for the protection from incarceration, the Court believes that the accused shall also reciprocate through desirable behavior. 23. There would be no need for a certified copy of this order for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. In case the attesting officer wants to verify the authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. Petition allowed in aforesaid terms. All pending applications, if any, stand disposed. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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