TaxTMI 
TaxTMI 
2021 (5) TMI 158
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....ail in connection with Complaint No.ECIR/56/AZO/2010 registered with Directorate of Enforcement, Ahmedabad under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002. 3. Learned senior advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. 4. Learned senior advocate submitted that Submission of learned advocate for the applicant that PMLA Case No.12 of 2018 is arising out of ECIR/56/AZO/2010, wherein originally the applicant not even arraigned as an accused. He submits that Submission of learned advocate for the applicant that the applicant was only employee and started her career as data entry o....
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....t, 2002 more particularly Section 45(1)(ii) which requires the Court to be satisfied that there are reasonable grounds for believing that he is not guilty of such offence and he is not likely to commit any offence while on bail. Learned ASG submits that the offence on hand is of serious nature simply on account of the magnitude fraud and that the applicant being one of the Directors in know of the offence being committed. 7. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order. 8. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:- I. The Complaint is registered on 09.07.2018 for the offen....
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....e Prevention of Money Laundering Act, 2002, the proviso to Section 45 carves out an exception for a person who is under the age of sixteen years or is a women or is sick or infirm and this proviso provides for release on aforementioned categories a person on bail, without referring to the requirement of Section 45(1)(ii) of PMLA. IX. Prima-faice, for the main offence where the role of the applicant is stated, the applicant has been granted anticipatory bail by this Court on several conditions and the applicant has complied with all the conditions. Moreover, with regards to this offence, it is not in dispute that the applicant had entered into group of companies as a employee and thereafter, has been promoted within the group. There....
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....al Court and subject to the conditions that she shall; (a) not take undue advantage of liberty or misuse liberty; (b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police; (c) surrender passport, if any, to the Trial Court within a week; (d) not leave the State of Gujarat without prior permission of the Trial Court concerned; (e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.; (f) furnish the present address of her residence to the Investigating Off....