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TMI Blog2024 (7) TMI 1617X X X X Extracts X X X X X X X X Extracts X X X X ..... o release applicant-Hitesh Gandhi, on interim bail, in case No. ECIR/SHSZO/04/2019 dated 22.07.2019, registered with the Enforcement Directorate Office (ED), Sub-Zonal Office, Rani Villa, Bagrian House, Strawberry Hills, Chhota Shimla, Shimla, Himachal Pradesh, on the ground that his real uncle-Sh. Subash Gandhi had met with an accident on 10.04.2024 and has expired on 07.07.2024 at Mohal Bhatti Colony, Nawashahr, Punjab. 2. It is the case of the applicant that the cremation of his uncle had already been taken place on 08.07.2024 at Nawashahr, Punjab. 2.1 Now, the applicant has sought the indulgence of this Court to permit him to attend the last rites of his uncle i.e. Uthala, Daswa, Terwin, Kriya and Rasam Pagdi etc. 2.2 Earlier, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kets/accounts. 22 institutions are stated to be involved. In this regard, ED has relied upon the charge sheet submitted by CBI. The investigation is stated to be going on to unearth the illicit money and ascertain the proceeds of crime (PoC), obtained by way of this scam. 4.3 After recording the reason to believe in writing, the applicant and his co-accused were arrested by ED on 30th August, 2023, under Section 19 of PMLA, in the said ECIR. Thereafter, they were produced before the Special Designated Court (PMLA), Shimla, on 31st August, 2023, and the learned Special Court, after perusal of all the documents, including the arrest memo, grounds of arrest, reasons to believe and material for formation of such belief, has granted five days' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , has also been alleged. The offences, under Sections 419 and 471 IPC, are also stated to be scheduled offences, mentioned in the schedule, appended to PMLA and as such, inquiry was initiated. 4.8 The applicant is stated to be the Vice Chairman of KC Group of Institutions at Pandoga, Una and Nawashehar, Punjab. According to the ED, during the course of investigation, it has been revealed that KC Group of Institutions, Pandoga and Nawashehar, in connivance with the officials of Directorate of Higher Education, Himachal Pradesh and Bank officials, have fraudulently availed the scholarship, under the Post Matric Scheme, for SC/ST/OBC of Himachal Pradesh. 4.9 According to the ED, the applicant has verified and claimed the scholarship under Po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n made to dismiss the application. 6. Considering the peculiar facts and circumstances of the case, according to which, applicant's uncle has expired on 07.07.2024 and his last rites will be performed in near future, this Court is of the view that the prayer for interim bail can be allowed. 7. It has also been submitted by learned Senior Counsel that the applicant is ready to abide by, any condition, which would be imposed by this Court, in case, interim bail is allowed in favour of the applicant. 8. It is not in dispute that the passport of the applicant is with the Central Bureau of Investigation in case No. RC0962019A0002 dated 07.05.2019, under Sections 409, 419, 465, 466, 467 read with Section 120B of Indian Penal Code and Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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