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TMI Blog2024 (4) TMI 688X X X X Extracts X X X X X X X X Extracts X X X X ..... d other assets worth Rs. 12.50 crores. A search was also conducted at the premises of co-accused Sunil Kumar Agrawal, C.A. of Babulal Agrawal where 230 bank passbooks were recovered. It is further alleged that Sunil Kumar Agrawal opened a bank account in the name of the villagers by using documents given by the villagers and forging their signatures. The money deposited in such bank accounts was channelized as share capital in M/s. Prime Ispat Limited through shell companies. 3. The role of the present applicant, who is the sister-in-law of Babulal Agrawal, is that she was an employee of M/s. Prime Ispat Limited, Raipur during the period 2007-2010. The brothers of Babulal Agrawal, namely Ashok Kumar Agrawal and Pawan Kumar Agrawal were the Directors of that company and the present applicant was appointed as Senior Manager (Finance) in M/s. Prime Ispat Limited, Raipur. According to the terms and conditions of her appointment order, her work was to maintain the cash of the company and to look after the day-to-day accounts which established that she was appointed in the company, wherein the laundered money of Babulal Agrawal was integrated. ECIR/01/NGR/2011 was registered on 10.01.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the learned Sessions Court and thereafter, by this Court. Ultimately, the Hon'ble Supreme Court in SLP (Cr.) No. 2106 of 2022 was kind enough to grant anticipatory bail to Pawan Kumar Agrawal and Ashok Kumar Agrawal. He would further submit that in pursuance of the order passed by the Hon'ble Supreme Court, the accused persons, namely Vimal Agrawal and Vinod Agrawal have been granted anticipatory bail by this Court in MCRCA No. 1455 of 2021 vide order dated 09.02.2023. He would lastly contend that though different ECIRs were registered by the respondent, the sum and substance of the allegations are similar and thus, he would pray for grant of anticipatory bail to the applicant. 5. On the other hand, learned counsel for the respondent would oppose the submissions made by counsel for the applicant. He would submit that the present applicant is the sister-in-law of the main accused Babulal Agrawal. He would further submit that according to the law laid down by the Hon'ble Supreme Court in the matter of Satender Kumar Antil (supra), the accused should cooperate in the investigation and a person who has not been arrested may take the benefit of Satender Kumar Antil judgment. He woul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to appear through the authorized representative. On 04.01.2021 i.e. after 10 years, the respondent filed a prosecution complaint arraying the applicant as accused. The main accused, namely Babulal Agrawal has been granted regular bail in MCRC No. 78 of 2021 vide order dated 10.02.2021 on the ground that he has been exonerated of the allegations by the Adjudicating Authority, PMLA. The order dated 10.02.2021 was challenged before the Hon'ble Supreme Court in SLP (Crl.) No. 5661 of 2021 by the respondent and the same was also dismissed vide order dated 16.11.2021. 8. Section 45 of the PMLA Act says as under:- 45. Offences to be cognizable and non-bailable.- "(1) [Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no person accused of an offence [under this Act] shall be released on bail or on his own bond unless--] (i) the Public 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d has cooperated with the investigation throughout and yet on the charge-sheet being filed non-bailable warrants have been issued for his production premised on the requirement that there is an obligation to arrest the accused and produce him before the court. We are of the view that if the Investigating Officer does not believe that the accused will abscond or disobey summons he/she is not required to be produced in custody. The word "custody" appearing in Section 170 of the Cr. P.C. does not contemplate either police or judicial custody but it merely connotes the presentation of the accused by the Investigating Officer before the court while filing the charge-sheet. 12. In the present case when the appellant has joined the investigation, investigation has completed and he has been roped in after seven for Joginder Kumar v. State of UP & Ors. (1994) 4 SCC 260 years of registration of the FIR we can think of no reason why at this stage he must be arrested before the chargesheet is taken on record. We may note that learned counsel for the appellant has already stated before us that on summons being issued the appellant will put the appearance before the trial court." The Hon'bl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ile on bail: Provided that a person, who, is under the age of sixteen years, or is a woman or is sick or infirm [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 Act unless specifically authorised, by the Central Government by a general or special order, and, subject to such conditions as may be prescribed.] (2) The limitation on granting of bail specified in [* * *] sub-section (1) is in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... belong to lower class, such criminals were committing crime in unorganised manner without proper planning or completely in un-planned manner by using crude modus operandi leaving clues on crime scene, traditional evidences were available particularly eye witnesses, crimes were committed to satisfy need and necessity or enmity or jealousy or lust. To deal such crimes simple and general measures of criminal justice was efficient. Simple investigating agency and its investigation procedure; traditional prosecution and prosecution measures were effective, traditional sentencing and its infliction was sufficient to tackle problem of traditional criminality. Crimes are now committed by influential persons belonging to upper class in organised manner after well planning by use of modern gadgets in course of performance of their official, professional, business activities in which they have expertise. Criminal acts committed by professionals, businessmen and public servants, it is very difficult to identify whether sober and civilised activity was committed or criminal act was committed. Such criminals have no criminal self-image, further by societal members there is no labelling which af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n paras 43, 90, 100.5 & 100.6 held as under:- "43. The scope and ambit of Section 170 has already been dealt with by this Court in Siddharth v. State of U.P., (2021) 1 SCC 676. This is a power which is to be exercised by the court after the completion of the investigation by the agency concerned. Therefore, this is a procedural compliance from the point of view of the court alone, and thus the investigating agency has got a limited role to play. In a case where the prosecution does not require custody of the accused, there is no need for an arrest when a case is sent to the magistrate under Section 170 of the Code. There is not even a need for filing a bail application, as the accused is merely forwarded to the court for the framing of charges and issuance of process for trial. If the court is of the view that there is no need for any remand, then the court can fall back upon Section 88 of the Code and complete the formalities required to secure the presence of the accused for the commencement of the trial. Of course, there may be a situation where a remand may be required, it is only in such cases that the accused will have to be heard. Therefore, in such a situation, an opportu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as under:- "10. The applicant is implicated in PMLA which was enacted to prevent money-laundering and to provide for confiscation of property derived from, or involved in, money-laundering and for matters connected therewith or incidental thereto. Section 45 provides that offences punishable under PMLA are cognizable and non-bailable also provides stringent conditions in grant of bail. It reads as under- 45. Offences to be cognizable and non-bailable.-(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no person accused of an offence under this Act shall be released on bail or on his own bond unless- (i) The Public 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, or is accused either on his own or along with other co-accused of money-laundering a sum of less than one ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in argument advanced by the learned Senior Counsel of the applicant that applicant is entitled to bail in view of observations/legal proposition as laid down by the Supreme Court in Satinder Kumar Antil. It is not mandate of section 170 of the Code that if the accused is not taken into custody or arrested during investigation can be arrested or taken into custody after appearance in court post summoning order particularly when neither investigation agency nor prosecution agency sought arrest of accused. 12. The arguments advanced by the learned Special Counsel for the respondent that the applicant has misinterpreted para no 65 of Satinder Kumar Antil is misplaced. There is no force in argument advanced by the learned Special Counsel for the respondent that the applicant before grant of bail required to pass test of 45 of PMLA. The position would have been different, had the applicant arrested during investigation. The investigating agency as mentioned hereinabove consciously preferred not to arrest the applicant during investigation or post filing of charge sheet. The arguments advanced and case law relied on by the Special Counsel for the respondent are considered in right per ..... X X X X Extracts X X X X X X X X Extracts X X X X
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