TaxTMI 
TaxTMI 
2022 (11) TMI 1326
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....n 438 Cr.P.C. have been filed seeking bail in anticipation of arrest of the accused-applicants in a complaint Case No.95 of 2019, arising out of ECIR No.ECIR/06/PMLA/LKZO/2012, under Sections 3 and 4 of prevention of Money laundering Act, 2022, Police Station Directorate of Enforcement, Lucknow, pending in the court of Special Judge, PMLA, Lucknow. 2. FIR No.RC2202012E001 dated 2.1.2012 was registered by the Central Bureau of Investigation (hereinafter referred to as the 'CBI') New Delhi against P.K. Jain, the then General Manager, Sri B.N. Srivastava, the then Project Manager, Sri Katar Singh, the then Resident Engineer, Sri B.N. Ram Yadav, the then Resident Engineer, Sri P.K. Jain, the then Unit Accountant, Sri Sunil Kumar, the then Resi....
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....he work for up-gradation of 134 hospitals. The C&DS has around 50 field units, but it chose Unit 50, Barabanki for execution of the work. 4. During the said period, M/s Surgicoin Mediquip Private Limited through its Director, Sri Naresh Grover and representative Sri Girish Malik allegedly entered into a criminal conspiracy with M/s Modern Interiors (Proprietor Sri Rajesh Kumar Singh), Lucknow and Sri Ramesh Bhatia of M/s Ankur Goods and Parcel Services at Ghaziabad with an evil motive to misappropriate the funds of NRHM placed at the disposal of office of Director general, Family Welfare, U.P. Thereafter, Sri Babu Singh Kushwaha, the then Minster of Family Welfare, U.P. with other accused persons of the case, including Sri Ram Prasad Jaisw....
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....rgicoin Mediquip Private Limited and M/s Modern Interiors respectively for supplying these items. It is alleged that all the accused persons mentioned above in connivance with each other in this manner caused wrongful loss to the tune of Rs.5.36 crores to the state exchequer. 6. As the offences mentioned in the FIR under Sections 120-B, 420 and 471 IPC and Section 13 of Prevention of Corruption Act are the scheduled offences under the Prevention of Money Laundering Act, 2002 (for short 'PMLA, 2002'), the enquiries were initiated under the PMLA, 2002 against the accused persons after recording the case under ECIR No.ECIR/06/PMLA/LZO/2012 dated 14.4.2012 against the persons mentioned in the FIR. 7. Subsequent to the registration of the abov....
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....were attached vide PAO No.10/LKZO/2018 dated 4.9.2018, which was confirmed by the adjudicating authority vide its order dated 25.2.2019. 9. During the relevant period, the present accused-accused, Pramod Kumar Bhukesh was working as Director, C&DS, Uttar Pradesh, Jal Nigam and was the sanctioning authority of the detailed estimates and it was at his instance that the officials of C&DS namely, Sri P.K. Jain, Sri B.N. Srivastava, Sri Katar Singh, Sri B.N. Ram Yadav and Sri J.K. Singh cooperated and participated in the conspiracy along with the accused beneficiary company. 10. It was estimated that only 32% of the amount paid to the suppliers was spent on supply of the aforesaid 27 items to 134 District Hospitals and the rest (68%) of the am....
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....gh. Thus, the complaint would disclose the commission of offence under Sections 3 and 4 of the PMLA Act by the accused-applicants. 14. Sri Amarjeet Singh Rakhra, learned counsel for thee accusedapplicants submits that the attachment order has been stayed by the appellate authority under the PMLA, 2002. He further submits that the accused-applicants were not arrested by the Directorate of Enforcement and they had cooperated during the course of investigation. He also submits that in view of the aforesaid facts, no purpose would be served by sending the accused-applicants to jail. He further submits that the accused-applicants had been in jail for predicate offences for around 13 months. He, therefore, submits that the accused-applicants may....
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....rejected the said Special Leave to Appeal vide order dated 9.9.2021. He, therefore, submits that the accused-applicants are not entitled to be enlarged on bail, that too on anticipatory bail. 17. I have considered the submissions advanced on behalf of the learned counsel for the parties and perused the record. 18. It is well settled that anticipatory bail should be granted only in exceptional circumstances, where the Court is prima facie of the view that the applicant has falsely been en-roped in the crime and would not misuse his liberty. Power under Section 438 Cr.P.C. is an extraordinary power and the same is to be exercised sparingly. Economic offences stand as a different class as they affect the economic fabric of the society. Econo....