2016 (4) TMI 1168

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....ain, ASG with Mr. Sanjeev Narula, CGSC for UOI with Mr. Krishanu Barua, Mr. Kunal Dutt, Ms. Shreya Sinha, Mr. Sumit Misra and Mr. Ajay Kalra, Advs., Mr. Sanjay Jain, ASG with Mr. Jasmeet Singh, CGSC for UOI with Ms. Nishtha Kishore, Advs., Mr. Ravi Prakash, CGSC for UOI with Ms. Shreya Sinha, Mr. Aditya Dewan and Mr. Sumit Misra, Advs. O R D E R CRL. M. A. Nos. 1670/2016 & 3700/2016 in W.P.(CRL) 307/2016, CRL. M. A. 2449/2016 in W. P. (CRL) 450/2016 & CRL. M. A. 2452/2016 in W. P. (CRL) 451/2016 Mr. Sanjay Jain, learned ASG for Union of India has opposed this application seeking bail during the pendency of this writ petition. He submits that although custodial investigation is not necessary and the complaint has been filed bu....

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....sions of the Code of Criminal Procedure in case of any conflict. 29. Section 45 of the PMLA starts with a non obstante clause which indicates that the provisions laid down in Section 45 of the PMLA will have overriding effect on the general provisions of the Code of Criminal Procedure in case of conflict between them. Section 45 of the PMLA imposes following two conditions for grant of bail to any person accused of an offence punishable for a term of imprisonment of more than three years under Part-A of the Schedule of the PMLA: (i) That the prosecutor must be given an opportunity to oppose the application for bail; and (ii) That the Court must be satisfied that there are reasonable grounds for believing that the accused person is ....

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....reported in 2011 (10) SCC 235. Mr. Sanjay Jain, learned ASG also submits that under Section 24 of the Prevention of Money Laundering Act, a person who is accused of having committed the offence under the Section 3, the burden of proving that proceeds of crime are untainted property shall be on the accused, which burden has not been discharged by the petitioners. Reliance is also placed on the case of Y. S. Jagan Mohan Reddy Vs. Central Bureau of Investigation reported in 2013 (7) SCC 439 (Para 34 & 35) wherein it has been held that: "34. Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offences having deep rooted conspiracies and involving huge loss o....

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....nvestigating Agency. 4. Petitioners shall furnish a mobile phone number to the Investigating Officer prior to their release and shall ensure the same to be operational at least between 9:00 AM to 6:00 PM. 5. Petitioners also undertake that the information furnished to their counsel by the Investigating Officer regarding their appearance before the ED would be construed to be a deemed service on the petitioner. For this purpose, the Investigating Officer may inform the counsel for the petitioner Gurucharan Singh namely Sh. Raktim Gogoi, Advocate having Mobile No. 98716-39549 and Mr. Naveen Malhotra, Advocate having Mobile No. 98100-35082 (counsel for Petitioners Chandan Bhatia & Sanjay Aggarwal). 6. Petitioners shall not in any mann....