Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2023 (3) TMI 585

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nt on the post of Director of the said company on salary basis. Thus, there are materials against the petitioner. So far as the order relied by the learned counsel for the petitioner in Dalip Singh Mann [ 2015 (10) TMI 2580 - PUNJAB HARYANA HIGH COURT ] that was the order of the year 2015 and the judgment in Vijay Madanlal Choudhary [ 2022 (7) TMI 1316 - SUPREME COURT ] has been delivered recently in the year 2022. Thus, that judgment is also not helping the petitioner. Moreover, the petitioners of that case were father-in-law and mother-in-law of Jagdish Singh @ Bhola, who was alleged to be the kingpin of drug mafia and considering this aspect of the matter, anticipatory bail was granted to the petitioners by Punjab and Haryana High C .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... dy to fulfil any condition put by this Court and considering that he has been granted regular bail in the predicate offence, he may be granted on anticipatory bail in the present case. He also submits that identical are the issues before the Punjab and Haryana High Court in Dalip Singh Mann and another v. Niranjan Singh, Assistant Director, Director of Enforcement, Govt. of India and considering that the petitioners of that case were granted interim bail in the predicate offence, the interim order was made absolute. He also relied upon the order passed by the Hon'ble Supreme Court in Anamika Nandi v. Directorate of Enforcement in Criminal Appeal No.1529/2022 and submits that anticipatory bail was granted to the petitioner of that case w .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... dia and others; (2022 SCC OnLine SC 929) has considered anticipatory bail with regard to PMLA in paragraph 401 and finding has been recorded in paragraph 408, which is quoted herein below: 408. Thus, anticipatory bail is nothing but a bail granted in anticipation of arrest, hence, it has been held in various judgments by this Court that the principles governing the grant of bail in both cases are more or less on the same footing, except that in case of anticipatory bail the investigation is still underway requiring the presence of the accused before investigation authority. Thus, ordinarily, anticipatory bail is granted in exceptional cases where the accused has been falsely implicated in an offence with a view to harass and humiliate .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... unjab and Haryana High Court. The facts of the present case are otherwise not helping the petitioner. In Anamika Nandi (supra) considering that the petitioner of that case was lady and that case had come under the proviso of Section 45 of PMLA, the Hon'ble Supreme Court has granted anticipatory bail to the petitioner of that case. Thus, these orders are not helping the petitioner. 7. In view of the above facts and in light of direction passed by the Hon'ble Supreme Court in Vijay Madanlal Choudhary (supra) particularly in paragraph 408 and considering that Section 45 of PMLA are not fulfilled by the petitioner, the Court is not inclined to grant anticipatory bail to the petitioner and his prayer for anticipatory bail is rejected. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates