2022 (6) TMI 1440

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....f Money Laundering Act, 2002 ('PMLA' for short) pending before the learned Special Judge, Assam at Guwahati. 3. The scanned copy of the case record along with copy of the Judgment and Order passed in NIA Special Case No.01/2009, as called for, is placed before the Court. 4. Mr. D Talukdar, learned counsel appearing for the accused petitioner, submits that the accused has been detained in jail in connection with the instant case being Special PMLA Case No.03/2018 and Special PMLA Case No.01/2015 although he is entitled for annual leave for serving out the life imprisonment in connection with sentence passed in NIA Special Case No.01/2009. Mr. Talukdar further submits that the accused has been languishing in jail in connection with the inst....

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....n, learned Standing Counsel strenuously submits that considering the prima facie nature and seriousness of the materials and other factors including involvement of great public interest etc. in this case the bail application of the accused may be rejected. 9. I have given due consideration to the above submissions made by the learned counsel of both sides and perused records. 10. The prosecution case, in brief, is that the CBI, Anti Corruption Branch, Shillong registered a Criminal Case vide FIR Case No. RCSHG 2010 A 0003 dated 13.05.2010 under Section 120B, 409, 420, 471 of IPC Act and Section 13 (2) r/w 13 (1) ( c) & (d) of PC Act against Shri Mohet Hojai, the then Chief Executive Member, North Cachar Hills Council, Assam, Shri RH Khan ....

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....sed on bail. 14. This court is conscious of the limitations imposed on grant of bail under Section 45 of the PMLA which are as extracted herein below: "45 Offences to be cognizable and non-bailable.- (1) 4[Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no person accused of an offence [under this Act] shall be released on bail or on his own bond unless---] (i) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail 15. Thi....

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....n the absence of certainty in commencement of trial and completion of further investigation in the case at the earliest and prolonged detention of him in judicial custody, this Court is of the considered opinion that in order to enable him to avail the benefit of his annual leave, he may be granted the liberty of interim bail only. 20. For the above stated reasons, it is provided that the accused petitioner namely, Mohet Hojai shall be released on interim bail of Rs.50,000/- (Rupees Fifty Thousand) with 02 (two) sureties of like amount to the satisfaction of the learned Special Judge, Guwahati , Assam. The above interim bail shall be subject to the following conditions: (i) That the interim bail shall remain valid strictly for the perio....