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2018 (8) TMI 1848
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....al attachment was confirmed by adjudicating authority by order dated 31.3.2016. The appeal preferred by the applciant is pending before the PMLA Tribunal. 3. The applicant was duly associated with the investigations both for the predicate offence as well as PMLA and was present as and when called by the respondent agency, but neither he was arrested nor he was ever taken in custody. After investigation charge sheet has been filed by the non-applicant. As per charge sheet filed in PMLA case, total number of witnesses are 231. The prosecution complaint running into 2430 number of pages. At the time of filing of the charge sheet, applicant was present before the learned Special Court. The application for grant of bail filed by the applicant....
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....ection 45 of PMLA, 2002 is manifestly arbitrary and thus contravenes Article 14 and 21 of the Constitution of India. Para 52 and 54 of order dated 23.11.2017 reads as under :- "52. In Gorav Kathuria (supra), the 2012 Amendment Act was read down having regard to the object sought to be achieved by the amendment, namely, that Part B of the Schedule is being made Part A of the Schedule, so that the provision of a monetary threshold limit does not apply to the offences contained therein. The High Court concluded: "33. Guided by the aforesaid principles laid down by the Hon'ble Supreme Court regarding statutory interpretation and the duty of the Court to secure the ends of justice, we have no hesitation in holding that in 2....
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....ourts for fresh decision. The writ petitions and the appeals are disposed of accordingly. 7. His submission is that the learned Special PMLA Court has made an error in holding that the constitutional validity of Section 45(1) of PMLA was decided in the case of Rohit Tandon V/s. Union of India (supra). The learned court failed in appreciating that the case of Rohit Tandon V/s. Union of India (supra) was cited before the Hon'ble Supreme Court hearing the case of Nikesh Tarachand Shah V/s. Union of India & Anr., (supra) and the same has been dealt with as under :- "42. The learned Attorney General then relied strongly on Gautam Kundu (supra) and Rohit Tandon (supra). Gautam Kundu (supra) is a judgment relating to an offence und....
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.... 9. In the present PMLA case, the applicant was duly cooperating with the investigation and no prayer was ever been made by the non-applicant to arrest him during the investigation. It is also pointed out that in terms of ratio Nikesh Tarachand Shah's case (supra) various under trial prisoners in PMLA offence have already got bail from various court across the country. The entire case of the prosecution is based on Section 50 of the statement and banking trial and there is no question of hampering and tampering with the same. No interrogation whatsoever has been conducted since the applicant has been sent to the judicial custody and, therefore, no purpose will be served by keeping him in custody. 10. The PMLA cases is only an off-sh....
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.... amendment in Section 45(1) PMLA Act, which came into effect from 19.4.2018, the original Section 45(1) (ii) has to be inferred and treated as it still exists on the statute books and hold the field even as of today for deciding the application for bail by an accused under PMLA Act and the judgment delivered by the Apex Court in the case of Nikesh Tarachand Shah (supra) has become ineffective and, therefore, the prayer for bail of the applicant has to be considered in view of the amended provision of Section 45(1) of the PMLA Act. He lastly submitted that looking to the prima facie evidence available against the applicant, he is not entitled for grant of bail and prayed for rejection of the bail application. 12. The Supreme Court in the ....
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....S doctor by profession and is practicing and having number of medical institutes. He is permanent resident of Indore and in all other cases of Scheduled offences in which he was enlarged on bail, he never misused the terms and conditions of the bail. There is no reason to presume that applicant would abscond or temper or influence the witnesses. 16. As per Annexure P/7, the applicant is suffering from high blood pressure and diabetes mellitus with unstable angina with triple vessel decease with advance vericos veins and on regular medical treatment. 17. In view of the above, the applicant is entitled to be released on bail, without expressing any opinion on merits of the case, the application for grant of bail is allowed on the follow....