2022 (9) TMI 1695 - HC - Money Laundering

Bail in PMLA prosecution granted with property restraint, cooperation requirement, and specified bond and surety conditions.

Bail under Section 439 Cr.P.C. was considered in a prosecution under the Prevention of Money-Laundering Act concerning inter-connected transactions and ... Bail under Section 439 of the Code of Criminal Procedure, 1973 - grant of bail in offences under the Prevention of Money-Laundering Act, 2002 - presumption in inter-connected transactions - Special Court/Special Judge (PMLA matters) - conditions for bail where proceeds are of value less than one crore - HELD THAT:- Considering the submissions made by learned counsel for the petitioner and the judgment relied upon by him and also taking into consideration overall facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail with the condition that the petitioner will not attempt to alienate any of his alleged properties without permission of the Trial Court and will render all cooperation in expeditious proceedings of the trial. Accordingly, the bail application under Section 439 of Cr.P.C. is allowed and it is ordered that the accused-petitioner Kaluram Bishnoi S/o Shri Bhera Ram Bishnoi shall be enlarged on bail; provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each (out of which one surety shall be resident of Jaipur Metro or Jaipur District) to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. Issues: Whether the petitioner accused of offences under Sections 3 and 4 of the Prevention of Money-Laundering Act, 2002 is entitled to bail under Section 439 Cr.P.C.Analysis: The Court examined the bail application under Section 439 Cr.P.C. in the context of the Prevention of Money-Laundering Act, 2002, including Section 45 (which identifies categories and conditions for bail in PMLA cases) and Section 23 (presumption in inter-connected transactions). The Court considered factual aspects that were substantively dealt with in the trial court record: period of custody, stage of trial, extent of alleged proceeds of crime attributed to the petitioner as distinct from co-accused, antecedents, outcomes in respect of co-accused (one co-accused granted bail by a coordinate bench and another granted anticipatory bail), the number and nature of prosecution witnesses examined so far, and the likelihood of protracted trial. The Court balanced these factors with the statutory standard that, where the Public Prosecutor opposes bail, the court must be satisfied that there are reasonable grounds for believing the accused is not guilty and is not likely to commit an offence while on bail. The Court granted bail subject to conditions to prevent alienation of alleged properties and to ensure cooperation in trial proceedings.Conclusion: Bail under Section 439 Cr.P.C. is allowed in favour of the petitioner; the petitioner is enlarged on bail upon furnishing the specified personal bond and sureties and subject to conditions preventing alienation of property and requiring cooperation in trial.