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TMI Blog2023 (2) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... dering Act (PMLA), 2002 and complaint filed u/s 45 read with Section 44 of Prevention of Money Laundering Act, 2002 for the alleged commission of offence u/s 3 read with Section 70 of the Prevention of Money Laundering Act, 2002 punishable u/s 4 of the PMLA. 1. The petitioner apprehending arrest in the complaint captioned above, on the allegations of laundering a massive sum of money in connivance with main accused, has come up before this Court under Section 438 CrPC seeking anticipatory bail. 2. In paragraph 14 of the bail petition, the accused declares that he has no criminal antecedents. 3. Petitioner's counsel argued that the custodial investigation would serve no purpose whatsoever, and the pre-trial incarceration would cause an ir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 bail application of the Petitioner as per Section 45 of PMLA, 2002 relying upon "Twin Conditions" which has also been upheld by the Hon'ble Apex Court in Vijay Madanlal Choudhary & Ors v. Union of India & Ors. 7. As per the response, the ED "may" arrest the petitioner in the event of the dismissal of his bail. Given such a stand buy the prosecuting agency, there is no reason or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of bail bonds in chapter XXXIII of CrPC, 1973. 10. In Mahidul Sheikh v. State of Haryana, CRM-33030-2021 in CRA-S-363-2020, decided on 14-01-2022, Para 53, [Law Finder Doc Id # 1933969], this Court observed, [53]. The pragmatic approach is that while granting bail with sureties, the "Court" and the "Arresting Officer" should give a choice to the accused to either furnish surety bonds or to handover a fixed deposit, or direct electronic money transfer where such facility is available, 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 abo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entire amount of fixed deposit, less taxes if any, shall be endorsed/returned to the depositor. (e). It shall be the discretion of the petitioner to choose between surety bonds and fixed deposits. It shall also be open for the petitioner to apply to the Investigator or the concerned court to substitute the fixed deposit with surety bonds and vice-versa. (f). On the reverse page of personal bond, the petitioner shall mention her/his permanent address along with the phone number, preferably that numbers which is linked with the AADHAR, and e-mail (if any). In case of any change in the above particulars, the petitioner shall immediately and not later than 30 days from such modification intimate about the change to the concerned police s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner 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 throu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l explain all conditions of this bail order in any language that the petitioner understands. 18. 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. 19. This order does not, in any manner, limit or restrict the rights of the the investigating agency from further investigation as per law. 20. In case the Investigatorarraigns another section of any penal offence in this FIR, and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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