9911796707
TMI Blog2024 (11) TMI 1446X X X X Extracts X X X X X X X X Extracts X X X X ..... been made to release applicant-Hitesh Gandhi, on 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 he remained in judicial custody for almost two years. 2. It is the case of the applicant that he has been arrested on the basis of convenient presumption on the part of ED and such presumption cannot be the basis for keeping him in custody. 3. As per the applicant, he is an innocent person, has not committed any offence and has falsely been implicated, in this case. 4. According to the applicant, the case of the prosecution is based on the alleged documents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , on interim bail, with effect from 7th August, 2024 till 15th August, 2024. 11. On the basis of above facts, a prayer has been made to allow the present application. 12. When put to notice, the status report/reply, on behalf of ED, has been filed, mentioning therein that the applicant has been arrested, under Section 19 of the PMLA, as per the procedure, established, under law. 13. In the status report, filed by the respondent, the grounds, upon which, the case has been registered, have been reiterated by pleading that: 13.1. The matter revolves around a scam, involving the allocation of scholarships to SC, ST and OBC students, under the Post Matric Scheme. In this fraudulent activity, officials from the Department of Higher Education, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat investigation is on-going and is at crucial stage, which requires gathering of additional evidence, examination of voluminous records and recording of statements of several persons associated with the applicant and other accused persons related to the case. 13.5. The prayer, so made by the applicant, has further been opposed, on the ground that the offences, under the PMLA, are different offences, as such, constitute class apart and need to be dealt with different approach, in the matter of bail. 13.6. According to the ED, the offence, under investigation, requires detailed investigation to unearth the material and in such circumstances, if bail is granted, it would defeat the case of the prosecution. The twin conditions, as per Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , false details of students were uploaded on scholarship portal, by changing the course of study in subsequent years, by changing the caste category of students and by showing the students as hosteler, instead of day scholars. Such false details were verified by the staff of KC Group of Institutions Pandoga and scholarship was claimed from the Directorate of Higher Education. 13.10. The applicant is alleged to have supervised the entire work related to admission and claim of scholarship, under Post Matric Scheme, for SC/ST/OBC students of Himachal Pradesh of KC Group of Institutions, Pandoga and Nawashehar. According to the ED, the applicant was joint account holder in bank accounts, alongwith his father Prem Pal Gandhi, in which, illegall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 12th January, 2024, whereby, this Court has specifically held that it cannot be said that the mandatory provisions of Section 19 of the PMLA have not been complied with, by the ED, in this case. 19. So far as the plea of the applicant, regarding delay in trial, is concerned, at this stage, it cannot be said that there is any delay in trial. As such, the applicant cannot take benefit of the decisions of the Hon'ble Supreme Court, in SLP (Crl.) No. 3205 of 2024, titled as Ramkripal Meena vs. Directorate of Enforcement; SLP (Crl) No. 11644- 11645 of 2023, titled as Benoy Babu vs. Directorate of Enforcement; Raman Bhuraria vs. Directorate of Enforcement, reported in 2023 SCC OnLine Del 657; Criminal Appeal arising out of SLP (Crl) No. 8167 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
