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2023 (3) TMI 894

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..... on ble Apex Court, the case will continue and ultimately the accused persons including the petitioner herein will have to face the music, this Court is inclined to grant him the same relief with conditions. Let the petitioner be released on bail, in the event of his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,00,000/- each with two sureties of the like amount each in connection with Special Trial (PMLA) No.07 of 2020/PMLA SC No.07 of 2020 in ECIR No.PT20/01/2017 to the satisfaction of learned Sessions Judge/Special Judge, Patna, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. - Application allowed. - CRIMINA .....

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..... me of appointment, Raj Kumar Goenka and Ashok Kumar Goenka, fraudulently opened several Bank accounts in their name. They made huge cash deposits to the tune of Rs.13,01,94,512/-through the bank accounts. It was also found that a survey operation under section 133A of Income Tax Act, 1961 was carried out in the premises of M/s Kanta Sales Corporation. During the course of survey, it has been gathered that Raj Kumar Goenka used bank accounts of his employees to placed huge cash for multiple bank accounts of layering through several companies/firms. FIR also revealed that Raj Kumar Goenka along with others have been made accused of acts done by several persons in furtherance of common intention. Indulging in criminal conspiracy, Cheating a .....

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..... upon surrender of the appellant and give him liberty to pray for regular bail. We, accordingly, set aside the order impugned and direct that in the event the appellant is arrested in connection with the aforesaid two cases, he shall be released on bail on such terms the Special Court may consider fit and proper. This order is being passed on the condition that the appellant shall cooperate in the trial and shall appear before the court on all such days he is required to be present. The appeal stands allowed in the above terms. Learned Senior Counsel submits that in that background since Raj Kumar Goenka has already been enlarged on bail while Ratan Kumar Goenka has also got the benefit of anticipatory bail, no purpose will be served by .....

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..... 7 to the satisfaction of learned Sessions Judge/Special Judge, Patna, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions that: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide; (ii) the petitioner will make himself available to the authorities as and when required; (iii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence .....

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