TMI Blog2023 (4) TMI 550X X X X Extracts X X X X X X X X Extracts X X X X ..... is a resident of Bhubaneswar and also has his business in Bhubaneswar. Therefore, attending the Court can by no stretch of imagination be treated as causing undue hardship on him. As already stated, the power under Section 205 is not meant to be used routinely but only when circumstances so demand. In view of what has been stated hereinbefore, this Court finds the circumstances not justifying exercise of such power by the Court. To such extent therefore, this Court finds no infirmity much less any illegality in the impugned order so as to interfere. Application disposed off. - CRLMC No. 2940 of 2022 - - - Dated:- 11-4-2023 - JUSTICE SASHIKANTA MISHRA Advocate(s) appeared in this case:- For Petitioners : Mr. D. Panda, S. Panda, A. Mehta D.K. Panda, Advocates. For Opp. Parties : Mr. Gopal Agarwal, Advocate [Enforcement Directorate] JUDGMENT SASHIKANTA MISHRA, J. The petitioner is the accused in Crl. Misc. Case (PMLA) No. 01 of 2020 pending in the Court of learned Sessions Judge, Khurdha at Bhubaneswar. 2. It appears that originally an FIR was lodged by the CID, CB, Cuttack on 30.05.2017 leading to registration of Case No. 13 of 2017 basing o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication filed under Section 482 of Cr.P.C. 4. Heard Mr. D. Panda, learned counsel for the petitioner and Mr. Gopal Agarwal, learned counsel appearing for the Enforcement Directorate, Bhubaneswar. 5. Mr. Panda submits that the petitioner is the only son of his old and ailing parents, who are suffering from several ailments and require constant medical attention. Further, the petitioner is ready and willing to appear before the Court physically whenever it is felt necessary for the case. He is also ready to undertake that he shall not dispute his identity at any point of time. It is also argued by Mr. Panda that Section 45 of PMLA Act, could not have been invoked by the Court below as a ground to reject the petition under Section 205 of Cr.P.C. because the total proceeds of the crime according to the prosecution is only Rs.3,19,100/-. Referring to the first proviso to Section 45 of the PMLA Act, Mr. Panda argues that the alleged proceeds of the crime being much less than Rs.1 Crore, the rigors of the provision would not apply. Even otherwise, the amount of proceeds being so less, the finding of the Court below that it being an economic offence would have an impact on the nat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Prosecutor has been given a opportunity to oppose the application for such release; and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: Provided that a person, who, is under the age of sixteen years, or is a woman or is sick or infirm, 3 [or is accused either on his own or along with other co-accused of money-laundering a sum of less than one crore rupees] may be released on bail, if the Special Court so directs: Provided further that the Special Court shall not take cognizance of any offence punishable under section 4 except upon a complaint in writing made by (i) the Director; or (ii) any officer of the Central Government or a State Government authorised in writing in this behalf by the Central Government by a general or special order made in this behalf by that Government. [(1A) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or any other provision of this Act, no police officer shall investigate into an offence under this A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ined the position of law relating to Section 205 of Cr.P.C., the case of Bhaskar Industries Ltd. (supra) and Section 45 of PMLA Act. The Hon ble Single Judge allowed the petition under Section 205 of Cr.P.C. with certain conditions. In the case of Bhaskar Industries Ltd. (supra) the Apex Court summarized its findings as follows: 19. The position, therefore, boils down to this: it is within the powers of a Magistrate and in his judicial discretion to dispense with the personal appearance of an accused either throughout or at any particular stage of such proceedings in a summons case, if the Magistrate finds that insistence of his personal presence would itself inflict enormous suffering or tribulations on him, and the comparative advantage would be less. Such discretion need be exercised only in rare instances where due to the far distance at which the accused resides or carries on business or on account of any physical or other good reasons the Magistrate feels that dispensing with the personal attendance of the accused would only be in the interests of justice. However, the Magistrate who grants such benefit to the accused must take the precautions enumerated above, as a m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cular, if the accused is residing at a far-off place or has any physical ailment or is otherwise indisposed, the prayer for exemption from personal attendance can be favourbaly considered. But such discretion is not to be exercised routinely or on the mere asking. 15. In the present case, the petitioner claims that he is the only son of his aged parents, who are ill and require constant attention. No document is filed in this regard. This Court finds that the petitioner is a relatively young man, aged about 38 years. He is a resident of Bhubaneswar and also has his business in Bhubaneswar. Therefore, attending the Court can by no stretch of imagination be treated as causing undue hardship on him. As already stated, the power under Section 205 is not meant to be used routinely but only when circumstances so demand. In view of what has been stated hereinbefore, this Court finds the circumstances not justifying exercise of such power by the Court. To such extent therefore, this Court finds no infirmity much less any illegality in the impugned order so as to interfere. 16. In the result, the CRLMC is found to be devoid of any merit and is therefore, dismissed. - - TaxTMI - TM ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
