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TMI Blog2023 (12) TMI 1318X X X X Extracts X X X X X X X X Extracts X X X X ..... agreeable to the condition that till the conclusion of the trial, the petitioner shall keep only one mobile number, which is mentioned in AADHAR card, if any, and within fifteen days undertakes to disconnect all other mobile numbers. The petitioner contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and family. 3. The counsel for the Enforcement Directorate [ED] opposes the bail and states that considering the allegations, the petitioner is not entitled to any bail. The ED's counsel further contends that given the express bar of section 45 of the Prevention of Money Laundering Act 2002 [PMLA], this court can grant bail only when the accused meets the twin conditions, which he has not explained. 4. The facts of the case are that the Assistant Director of the Directorate of Enforcement [ED] filed a complaint based on predicate offence, which was FIR No.13 dated 02.11.2020 under Sections 409, 420, 465, 466, 467, 471, 120-B IPC and Section 7, 7-A of Prevention of Corruption Act against Varinder Pal Singh Dhoot and other persons. In the said FIR, allegations were that the revenue officials misused their official position and wrongl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation commenced into the present scheduled offence. Since there were allegations of receipt of money and its laundering, such investigation was required to ascertain money laundering and confiscation of property derived or obtained directly or indirectly or which was involved in the process or activity connected with the proceed of crime, including its concealment, possession, acquisition or used in any manner in its tainting. On 10.08.2021, searches were conducted, and massive documents were seized, as mentioned in para no.5 of the complaint. Even statements of witnesses were recorded under Section 17 of the PMLA. The list of the property acquired by money laundering or tainted money or proceeds of crime has been mentioned in para no.8, and it is valued at Rs. 8,02,33,803/-. 9. The evidence collected against the petitioner is that although he was not allotted any share of shamlat land, one Gurtej Singh had 2400 shares. The petitioner signed as Gurtej Singh on General Power of Attorney, giving rights of land to Ram Krishan. Misusing the said Power of Attorney, the rights of the land belonging to Gurtej Singh, Pal Singh, and Ram Krishan were illegally given to Balbir Singh (accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has not committed an offence under the Act. If such a construction is placed, the court intending to grant bail must arrive at a finding that the applicant has not committed such an offence. In such an event, it will be impossible for the prosecution to obtain a judgment of conviction of the applicant. Such cannot be the intention of the legislature. Section 21(4) of MCOCA, therefore, must be construed reasonably. It must be so construed that the court is able to maintain a delicate balance between a judgment of acquittal and conviction and an order granting bail much before commencement of trial. Similarly, the Court will be required to record a finding as to the possibility of his committing a crime after grant of bail. However, such an offence in futuro must be an offence under the Act and not any other offence. Since it is difficult to predict the future conduct of an accused, the court must necessarily consider this aspect of the matter having regard to the antecedents of the accused, his propensities and the nature and manner in which he is alleged to have committed the offence. 45. It is, furthermore, trite that for the purpose of considering an application for grant of ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s a sanguine hope of every accused, who is in custody in particular, that he/she should be tried expeditiously - so as to uphold the tenets of speedy justice. If the trial cannot proceed even after the accused has undergone one-half of the maximum period of imprisonment provided by law, there is no reason to deny him this lesser relief of considering his prayer for release on bail or bond, as the case may be, with appropriate conditions, including to secure his/her presence during the trial. 13. Section 37 37. Offences to be cognizable and non-bailable.-(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),- (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless- (i) the Public Prosecutor has been given an 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 s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Pradesh, SLP (Crl.) No(s). 6690 of 2022, decided on 25-01-2023, Supreme Court holds, [3]. It appears that some of the occupants of the `Honda City' Car including Praveen Maurya @ Puneet Maurya have since been released on regular bail. It is true that the quantity recovered from the petitioner is commercial in nature and the provisions of Section 37 of the Act may ordinarily be attracted. However, in the absence of criminal antecedents and the fact that the petitioner is in custody for the last two and a half years, we are satisfied that the conditions of Section 37 of the Act can be dispensed with at this stage, more so when the trial is yet to commence though the charges have been framed. [4]. For the reasons stated above but without expressing any views on the merits of the case, the petitioner is directed to be released on bail subject to his furnishing bail bonds to the satisfaction of the Trial Court. 15. In Hasanujjaman & ors. v. The State of West Bengal, SLP (Crl.) No(s).3221/2023, decided on 04-05-2023, Supreme Court holds, [2]. The allegations are that when the police party intercepted the petitioners along with another person riding on two motorcycles, they w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the contents of the form of bail bonds in chapter XXXIII of CrPC, 1973. 20. In Madhu Tanwar. v. State of Punjab, 2023:PHHC:077618 [Para 10, 21], CRM-M¬27097-2023, decided on 29-05-2023, this court observed, [10] The exponential growth in technology and artificial intelligence has transformed identification techniques remarkably. Voice, gait, and facial recognition are incredibly sophisticated and pervasive. Impersonation, as we know it traditionally, has virtually become impossible. Thus, the remedy lies that whenever a judge or an officer believes that the accused might be a flight risk or has a history of fleeing from justice, then in such cases, appropriate conditions can be inserted that all the expenditure that shall be incurred to trace them, shall be recovered from such person, and the State shall have a lien over their assets to make good the loss. [21] In this era when the knowledge revolution has just begun, to keep pace with exponential and unimaginable changes the technology has brought to human lives, it is only fitting that the dependence of the accused on surety is minimized by giving alternative options. Furthermore, there should be no insistence to pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... number, (If available), when the court aLes"ng the bonds thinks appropriate or considers the accused as a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 22. The petitioner shall not influence, browbeat, pressurize, make any inducement, threat, or promise, directly or indirectly, to the witnesses, the Police officials, or any other person acquainted with the facts and the circumstances of the case, to dissuade them from disclosing such facts to the Police, or the Court, or to tamper with the evidence. 23. Petitioner to comply with their undertaking made in the bail petition, made before this court through counsel as reflected at the beginning of this order. If the petitioner fails to comply with any of such undertakings, then on this ground alone, the bail might be canceled, and the victim/complainant may file any such application for the cancellation of bail, and the State shall file the said application. 24. The petitioner is directed not to keep more than one prepaid SIM, i.e., one pre paid mobile phone number, till the conclusion of the trial; however, this restriction is only on prepaid SIMs [mobile numbers] and not on po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Court are to endeavour that the accused tries to reform, does not repeat the offence and to provide an opportunity to the victim to consider legal remedies for recovery of the amount. In Mohammed Zubair v. State of NCT of Delhi, 2022:INSC:735 [Para 28], Writ Petition (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A Three-Judge bench of Hon'ble Supreme Court holds that "The bail conditions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proportional to the purpose of imposing them. The courts, while imposing bail conditions, must balance the liberty of the accused and the necessity of a fair trial. While doing so, conditions that would result in the deprivation of rights and liberties must be eschewed." 27. Any Advocate for the petitioner and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all conditions of this bail order in any language that the petitioner understands. 28. If the petitioner finds bail condition(s) as violating fundamental, human, or other rights, or causing difficulty due to any situation, then for modification of such term(s), the petitioner ..... 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