2022 (11) TMI 1149

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....unsel, E.D. O R D E R (CAV) Heard Mr. D. Das, learned senior counsel appearing for the petitioner. Also heard Mr. R. Dhar, the learned Standing Counsel, E.D. 2. This is an application under Section 397 of the Code of Criminal Procedure read with Section 401 of the said Code whereby the order dated 12.09.2022 passed by the learned Special Judge, Assam, Kamrup(M), Guwahati in Special (PMLA)....

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....lary, Incentive, TA to Field Executive against collection of money for the Bank 91772749.00 4. Illegal payment to accused No.2 from sundry creditors of Bank 100000.00   Total 9,50,61,499.00 5. The FIR has named 7(seven) other persons but none of them are arrested yet. Only the petitioner has been arrested and he has now spent 120 days in judicial custody. 6. On 20.0....

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.... not yet complete and still going on and therefore, the so-called filling of the complaint would never prevent the petitioner from seeking default bail under Section 167(2) of the CrPC. 9. Per contra, Mr. Dhar submits that under Section 44(2) of the PMLA Act of 2002, the respondent is empowered to further investigate the matter and any future complaint would be included in the initial complaint....

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.... does not permit piecemeal investigation. Therefore, this Court holds that the petitioner is entitled to bail under Section 167(2) of the CrPC because investigation of the case is not yet complete. 13. For the said reasons, the petitioner Sri Subhra Jyoti Bharali is allowed to go on bail of Rs.1,000,00/- (Rupees One Lakh) with a surety of like amount to the satisfaction of the learned Special J....