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TaxTMI 
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TaxTMI 
2018 (6) TMI 1640
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.... For the Respondent-State : Mrs. J.S. Lohokare, APP. ORDER P.C. 1. This is an application under Section 439 of the Code of Criminal Procedure for bail by accused No.2Mr. Sameer Bhujbal in PMLA Case No.2/2016 for the offence punishable under Section 3 read with 4 of the Prevention of Money Laundering Act, 2002 (PMLA Act for the sake of brevity). 2. Heard Mr. Vikram Chaudhri, the learned Senior Senior Counsel for the applicant and Mr. Anil Singh, the learned Additional Solicitor General of India for respondent No.1 and Mrs. J.S Lohokare, APP. for the StateRespondent No.2. 3. The applicant is an accused in CR No.35/2015 dated 8.6.2015 under Sections 13(1)(c), 13(1)(d) read with 13(2) read with 13(2) of the Prevention of Corrupt....
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....018. He submitted that, as per the prosecution the said accused was the principal accused and in view of his release on bail by an Order dated 4.5.2018 the applicant who has played lessor role in the present crime is entitled to be released on bail on the ground of parity. He further submitted that in all the scheduled offences for which the present Complaint No.2 of 2016 is filed by the respondent No.1, the prosecution has cited total 594 witnesses and there are in all 81 accused persons. That, the total number of pages in all the charge sheets are approximately pages 57,102. He submitted that in the present case i.e. PMLA Case No.2/2016 prosecution has cited about 53 accused persons out of which there are about 10companies. He submitte....
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....r PMLA Act. He further submitted that by amending Section 45(1) of the Act and by inserting words 'under this Act' the judgment delivered by the Supreme Court in the case of Nikesh Shah (supra) has become ineffective and therefore the prayer for bail of the applicant has to be considered in view of the amended provisions of Section 45(1) of the PMLA Act. He further submitted that, there is presumption under Section 24 of the PMLA Act which has not been dispelled with by the applicant. That, the applicant is the Director of various companies of the said Armstrong group and it is the specific allegation against him that, he was indulging into actual laundering of money as contemplated under the various provisions of PMLA Act. He lastl....
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....surrected by the said Amending Act. The learned counsel appearing for the applicant and the learned Additional Solicitor General of India are not disputing about the said fact situation and in fact have conceded to the same. It is further to be noted here that, even Notification dated 29.3.2018 thereby amending Section 45(1) of the PMLA Act which came into effect from 19.4.2018, is silent about its retrospective applicability. In view thereof, the contention advanced by the learned A.S.G. cannot be accepted. It is to be further noted here that, the original Subsection 45(1)(ii) has therefore neither revived nor resurrected by the Amending Act and therefore, as of today there is no rigor of said two further conditions under original Secti....
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....n bail in Special PMLA Case No.2 of 2016 pending before the Special PMLA Court, Mumbai, on his executing PR bond in the sum of Rs. 5,00,000/with one or two solvent local sureties in the like amount. b) Till the applicant compiles with the process of furnishing sureties, the applicant is directed to be released on his furnishing cash bail of Rs. 5,00,000/( Five Lakhs) and the applicant shall comply with formalities of furnishing sureties within a period of six weeks from his actual release from Jail. c) Applicant shall submit his residential address alongwith proof of his staying there to Respondent No. 1, and in the event of change of address, shall update the same; d) Applicant shall surrender his passport with t....