9911796707
TMI Blog2023 (3) TMI 1015X X X X Extracts X X X X X X X X Extracts X X X X ..... lodged in furtherance of an order dated 16.07.2015 passed by this Court in Writ Petition No. 12396 (M/B) of 2014 against (i) Yadav Singh, the then Chief Engineer, Noida/Greater Noida, Yamuna Expressway Authorities and (ii) the applicant, who happens to be the wife of Yadav Singh, (iii) the applicant's daughter Ms. Garima Bhushan, (iv) the applicant's son Sri. Sunny Yadav and (v) one Sri. Rajinder Manocha, who is described as an associate of Yadav Singh, and some unknown persons. The FIR states that Yadav Singh had joined as Junior Engineer in New Oklha Industrial Development Authority on 17.03,1980 and he was promoted as Assistant Project Engineer om 1989, Senior Project Endineer in 1997, Chief Maintenance Engineer in 2002 and ultimately he was promoted to the post of Chief Engineer and was in-charge of New Oklha Industrial Development Authority, Greater NOIDA Industrial Development Authority and Yamuna Expressway Authority. He was involved in allotting to himself and to the members of his family and associates plots of land of high values and he acquired benami properties in the name of his family members and also in the name of benami / shell companies, in which he, his family me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by means of an order dated 18.12.2018. 9. The applicant again approached the Hon'ble Supreme Court by filing Special Leave to Appeal (Crl.) No(s). 322-325 of 2019 and the Hon'ble Supreme Court passed an interim order dated 10.01.2019 providing that no coercive action will be taken till the next date of hearing. On 07.12.2022, the Hon'ble Supreme Court dismissed the Special Leave Petition and provided that if the applicant surrenders within a week and applies for regular bail, her bail plea may be considered by the Trial Court expeditiously and on priority. It was further provided that the interim protection granted to the applicant shall continue for a period of one week or till her bail plea is considered by the Trial Court, whichever be the earlier. The period of one week granted in the aforesaid order dated 07.12.2022, was extended to four weeks by means of an order dated 16.12.2022. 10. In furtherance of the aforesaid order passed by the Hon'ble Supreme Court, the applicant filed a bail application, which was rejected by the Sessions Judge, Lucknow by means of an order dated 02.02.2023. Regarding the plea of the applicant's sickness, the Trial Court observed that: - "It c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ime. He has further submitted that there is no sufficient ground for this Court to believe that the applicant is not guilty of being in possession of proceeds of crime and, therefore, her bail application is liable to be rejected. Sri Srivastava, has relied upon the judgments of the Hon'ble Supreme Court in the case of Vijay Madanlal Choudhary and others Vs. Union of India and others, 2022 SCC Online SC 929, wherein the Hon'ble Supreme court held that: - "412. As a result, we have no hesitation in observing that in whatever form the relief is couched including the nature of proceedings, be it under Section 438 of the 1973 Code or for that matter, by invoking the jurisdiction of the Constitutional Court, the underlying principles and rigors of Section 45 of the 2002 must come into play and without exception ought to be reckoned to uphold the objectives of the 2002 Act, which is a special legislation providing for stringent regulatory measures for combating the menace of money-laundering." 15. Sri. Srivastava has relied upon the judgment of the Hon'ble Supreme Court in Y. S. Jagan Mohan Reddy v. CBI, (2013) 7 SCC 439, wherein the Hon'ble Supreme Court held that: - "34. Economic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case and only a view of the Court based on available material on record is required. The Court will not weigh the evidence to find the guilt of the accused which is, of course, the work of Trial Court. The Court is only required to place its view based on probability on the basis of reasonable material collected during investigation and the said view will not be taken into consideration by the Trial Court in recording its finding of the guilt or acquittal during trial which is based on the evidence adduced during the trial. As explained by this Court in Nimmagadda Prasad (2013) 7 SCC 466, the words used in Section 45 of the 2002 Act are "reasonable grounds for believing" which means the Court has to see only if there is a genuine case against the accused and the prosecution is not required to prove the charge beyond reasonable doubt." 20. The bail application of the applicant has to be decided keeping in view the provision contained in Section 45 (1) of the PMLA. 21. From a narration made above, it transpires that the instant case has been lodged primarily with the allegation that the named co-accused Yadav Singh had committed corrupt practices while awarding certain engine ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
