TMI Blog2024 (2) TMI 1074X X X X Extracts X X X X X X X X Extracts X X X X ..... concerned, he only assisted Dipak Jain in the crime. Deepak Jain transferred the property in the name of this applicant. The arrest is not required for custody/ interrogation as investigation is over now. Shri Himanshu Joshi, learned Standing Counsel for the respondent submits that at the time of filing of ECIR, the arrest of this applicant was not demanded by the prosecution agency hence, bailable warrant was issued for his appearance by the Special Judge. It is directed that in the event of arrest, the applicant - Ashok Pipada shall be released upon his furnishing personal bond in the sum of Rs.5,00,000/- with one surety in the like amount to the satisfaction of the arresting officer. This order shall be governed by the conditions N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gistered at police station Khajrana, District Indore in respect of same sale-deed. The petitioner approached the Special Court for PMLA Act by way of application under Section 438 of Cr.P.C. which came to be rejected vide order dated 17.10.2023 hence, present application is filed under Section 438 of Cr.P.C. mainly on the ground that all the documents related to the crime have already been seized and ECIR has been filed before the Competent Court which is pending for adjudication. In the ECIR the applicant was called and his statements were recorded and he was never arrested by the respondent. 4. Shri Arjun Garg, learned counsel for the applicant submits that he was also made accused in the FIR registered in the year 2019 and 2022. In co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y to commit such offence while on bail he should not be released on bail. The accused should not be released on bail as held by the Apex Court in case of Y.S. Jaganmohan Reddy V/s CBI [2013 (7) SCC 439] and Vijay Madanlal Choudhary V/s Union of India [SLP (Crl.) No.4634/2014] decided on 27.07.2022, therefore, this applicant is not entitled for bail. 6. The role of present applicant - Ashok Pipada described in the ECIR is as under: Deepak Jain @ Dilip Sisodiya defrauded the Kalptaru Grih Nirman Society by diverting the amount of Rs.4.89 Crores into his own personal account. Later, 70 Lakhs Rupees have been returned to the Bank Account of Kalptaru Society, Thus, effectively 4.19 Crores have been diverted from Society's Bank Account ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act and he knowingly assisted Dilip Sisodiya and knowingly is a party, is actually involved in the process or activity connected with proceeds of crime including its concealment, possession, acquisition, use and projecting and claiming as untainted property, which is punishable U/s. 4 of PMLA Act, 2002. 7. Learned counsel for the respondent has also placed reliance on the following judgments passed by the Apex Court: (a) P. Chidambaram v. Directorate of Enforcement, 2019:INSC:1010 : (2019) 9 SCC 24, wherein the Supreme has Court observed that - the power under Section 438 of Cr PC is an extraordinary power and the same has to be exercised sparingly. The privilege of the pre-arrest bail should be granted only in exceptional cases ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... larger interests of the public/State and other similar considerations. With regard to the economic offences, the Court said that economic offence is committed with cool calculation and deliberate design with an eye on personal profit regardless to the consequence to the community. Such offences constitute a class apart as they affect the economic fabric of the society, therefore, in such offences; the accused is not entitled to anticipatory bail. (b) In case of U.P. v. Amarmani Tripathi (2005) 8 SCC 21 held that the matters to be considered in an application for bail are: (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence. (ii) nature and gravity of the charge; (iii) s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y bail may be granted. The Court further observes that:- There appears to be a serious misconception of law that if no case for custodial interrogation is made out by the prosecution, then that alone would be a good ground to grant anticipatory bail Custodial interrogation can be one of the relevant aspects to be considered along with other grounds while deciding an application seeking anticipatory bail. There may be many cases in which the custodial interrogation of the accused may not be required, but that does not mean that the prima facie case against the accused should be ignored or overlooked and he should be granted anticipatory bail. The first and foremost thing that the court hearing an anticipatory bail and application shou ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
