2023 (2) TMI 1239

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....l (Now investigated by Directorate of Enforcement) for the offence punishable under Sections 3 and 4 of Prevention of Money Laundering Act, 2002 (for short "PMLA Act"). 3. As per the prosecution, the applicant is an accessory to H.M. Joshi and Nirmala Joshi in laundering their ill-gotten immovable property, generated through illegal activities related to scheduled offence committed by Arvind Joshi and Smt. Tinoo Joshi. 4. As per the applicant, he in good faith entered into a registered partnership agreement in the name and style as M/s Faith Cricket Club with the Joshi's on 07.12.2017, whereby immovable property purchased by H.M. Joshi and Nirmala Joshi was their capital contribution. This agreement was, later on, amended on 02.02....

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....application under Section 438 Cr.P.C. for grant of anticipatory bail. However, the learned Judge issued non-bailable warrant on the same day against the applicant, though his application for anticipatory bail was kept pending, which ultimately came to be rejected on 16.01.2023. 5. Learned counsel for the applicant further stated that the allegations levelled against the applicant being accessory to Joshis to help them to launder their ill-gotten immovable property generated through illegal activities is not correct as both the parties are at loggerheads and filed FIR against each other. 6. Referring to the cases of Aman Preet Singh vs. C.B.I. Through Director 2021 SCC OnLine SC 941, (Criminal Appeal No.929/2021, arising out of SLP (Cr....

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....e purchased in the same check period and the investigation going on against Joshis were in public domain, therefore, the claim of applicant that he acted in good faith and did not know about the said transactions does not hold true. It is further stated that during the search and seizure carried out by the income tax department on the premises belonging to the applicant and associates, various documents and electronic data were seized which shows that there is nexus between the principal offender and the applicant. He further stated that apart from the properties mentioned in the complaint, there is ongoing investigation with respect to various registered firms managed by the applicant which are operating and generating revenue over the pro....

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....tion 4 of the Act. Though supplementary charge sheet has been filed, but once the prayer for anticipatory bail is made in connection with the offence of PMLA Act, the underlying principles and rigour of Section 45 of the Act gets triggered. 10. Section 45 of the PMLA Act, 2022 provides as under :- 45. Offences to be cognizable and non-bailable.- (1) [Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no person accused of an offence punishable for a term of imprisonment of more than three years under Part A of the Schedule shall be released on bail or on his own bond unless-ÂÂ"] (i) the Public Prosecutor has been given an opportunity to oppose the applicat....