2022 (12) TMI 1419

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....45 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the "PMLA") read with Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the "CrPC") has been filed by the accused-applicant in anticipation of his arrest pursuant to Special Case No. 63 of 2022 (ED Vs. Sanjay Agarwal and others), arising out of ECIR/10/LKZO/2012, under Section 3/4 PMLA, 2002 lodged at Police Station Directorate of Enforcement, Lucknow Zonal Office, Lucknow, pending in the Court of learned Sessions Judge/Special Judge, PMLA, Lucknow, District Lucknow. 3. A large number of bungling and misappropriation of funds and cheating etc came to the notice and Public Interest Litigation Petition Nos. 3611 of 2011, 3301 of 201....

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....s 420, 467, 468, 471, 511 and 477-A IPC and Sections 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the "PC Act"). After completing of investigation, charge-sheets came to be filed. 5. Allegation against the accused-applicant is that the accused-applicant, being Proprietor of M/s Charishma Health Care, Lucknow, in connivance and in criminal conspiracy with Health Department Officers, supplied medicines at exorbitant price, causing huge loss to the Government and each charge-sheet mentions the amount which was allegedly embezzled and misappropriated by the Government Officers/Officials and the present accused-applicant. 6. On behalf of the accused-applicant, it is submitted that t....

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.... the present case of the accused-applicant. The learned counsel further submits that in Satender Kumar Antil vs Central Bureau of Investigation & Ors: SLP(Crl) No.5191 of 2021. Aman Preet Singh Vs. C.B.I. Through Director (supra) as well as Siddharth Vs. State of Uttar Pradesh & Anr. (Criminal Appeal No.838/2021, 2021 SCC onLine SC 615) it has been held by the Supreme Court that if an accused is not arrested during the course of investigation and the offence punishable is less than 7 years, the he should be granted anticipatory bail/bail, as the case may be. 8. On the other hand, Mr. Kuldeep Srivastava, learned counsel for the respondent - Directorate of Enforcement, submits that the total scam is of several hundred crores; at the time w....

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.... Directorate of Enforcement submits that the accused-applicant is not entitled to be enlarged on anticipatory bail. It is further submitted that this Court has already rejected anticipatory bail applications of co-accused, Rais Alam Siddiqui and Dr. Alok Kumar Singh vide orders passed in Criminal Misc. Bail Application U/S 438 CrPC Nos. 1169 of 2022 and 1891 of 2022. 9. I have considered the submissions advanced by the learned counsel for the parties. 10. Looking at the nature of offence and also taking note of the fact that the economic offences constitute/form a different class and while considering the bail application of an accused in such an offence, it is required to be visited differently than the offences under the IPC, this C....