TaxTMI 
TaxTMI 
2021 (12) TMI 677
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....n of offence under Sections 3 & 4 of the Prevention of Money Laundering Act, 2002 (for brevity 'PMLA, 2002'), have preferred this application under Section 438 of CrPC for grant of anticipatory bail to them. 2. Facts of case, in brief, are that non-applicant filed complaint under Section 45 of the PMLA, 2002 praying for registration of complaint; taking cognizance of offence; punishing all accused persons with maximum punishment for commission of offence under Section 3 of the PMLA, 2002 and confiscation of attached property in terms of Section 8 (5) of the PMLA, 2002. Complainant also crave leave of the Court to file supplementary complaint, if so warranted. In the complaint it is pleaded that based on information provided by the....
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....ch they have stated about their unawareness in respect of opening of bank accounts in their names. Statement of Sunil Agrawal, Chartered Accountant, was also recorded under Section 50 of the PMLA, 2002 in which he stated that after obtaining details of villagers i.e. identity proof, photograph etc., he got prepared PAN card in the name of villagers and based upon these documents, bank accounts were opened with help of bank officials/employees. FIR was registered against Sunil Agrawal, Chartered Accountant for commission of offence under Sections 420, 467, 468, 471 of IPC and after due investigation, charge sheet was filed in which after investigation it was reported that Sunil Agrawal with the help of his cousin Ashok Agrawal and uncle Vino....
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....hartered Accountant Sunil Agrawal only. Applicants have not been arrayed as accused in aforementioned case. During the course of investigation by non-applicant Department, statements under Section 50 of PMLA, 2002 were recorded, all the documents of which applicants in some way related i.e. opening of bank accounts, have been seized. Statements of 107 bank account holders under Section 50 of PMLA, 2002 were also recorded. Complaint is registered and the Court competent issued notice for personal appearance of applicants. As offence under Section 3 of PMLA, 2002, punishable under Section 4, is cognizable offence, therefore, applicants apprehend that if they would appear before the Special Court, they may be arrested, therefore, they moved an....
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....tely to Chartered Accountant Sunil Agrawal, who with the help of his cousin Vimal Agrawal & uncle Vinod Agrawal, got opened 446 benami bank accounts in the name of villagers of nearby villages by using their particulars without their knowledge. Non-applicant Department is having jurisdiction to issue summons under Section 15 of the PMLA, 2002. In statement recorded under Section 50 of PMLA, 2002 accused Sunil Agrawal, Chartered Accountant, accepted that he formed 13 shell companies; amount deposited in benami bank accounts have been invested in those 13 shell companies, which in turn was invested in M/s Prime Ispat Ltd. Bank accounts, 446 in numbers, were opened by bank officials by-passing rules and norms prescribed for opening of bank acc....
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.... in offence under PMLA, 2002. Applicants are senior citizens and infirm. Applicants No.1 to 3 are retired bank officials, whereas applicant No.4 is at the verge of retirement. Looking to nature of accusation, application may be considered in favour of applicants. 7. At this stage when specific query is put by this Court to learned counsel for non-applicant Enforcement Department whether any custodial interrogation of applicants is required, it is submitted that no further custodial interrogation of applicants is necessary. 8. I have heard learned counsel for parties and perused record of anticipatory bail application. 9. Applicants before this Court are employees of Union Bank of India, Raipur posted at Ramsagarpara and Pandri Branches r....