TaxTMI 
TaxTMI 
2024 (2) TMI 1074
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....nder Section 3, 4 of Prevention of Money Laundering Act, 2002 (for brevity "PMLA Act"). 2. Vide order dated 17.08.2021 passed in M.Cr.C. No.37077/2021, this Court rejected the application filed under Section 439 of Code of Criminal Procedure, 1973 in Crime No.161/2021 and vide M.Cr.C. No.36906/2021, rejected the bail application filed in Crime No.159/2021. Thereafter, this applicant approached the Apex Court by way of SLP (Crl.) Nos.8125/2021 and 8182/2021 and vide order dated 18.11.2022, the Apex Court has granted bail. Thereafter, the Assistant Director, Directorate of Enforcement (ED) Indore has registered a crime No.ECIR/INSZO/42/2022 under Section 45 of PMLA Act for prosecution under Section 3 and 4 of the PMLA Act. 3. On the bas....
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....pondent filed the reply-cum-objection to oppose this bail application by submitting that under Section 45 of PMLA Act alleged offence is cognizable and non-bailable. The bail can be granted only if twin conditions are fulfilled in addition to the other conditions under Section 438 & 439 of Cr.P.C. It is further submitted that the economic offence comes under the category of heinous offence and cannot be considered as ordinary offence, therefore, even if the bail is granted, regular criminal cases which are registered against the accused but so far as the present criminal case is concerned, it relates to the economic offence which constitutes a class apart and need to visited with a different approach in the matter of bail. It is submitted t....
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....hown in the Sale Deed and transferred the property to his own relative. It clearly shows that the said transfer was not a genuine transaction, as no exchange of money took place and only title got changed in hurry to avoid the clutches of law. Ownership of one another property which was house of Shri Deepak Jain was also transferred in the name of his own relative Shri Ashok Pipada. The sale deed thus executed was done in utmost hurry, just to change the title of the property, so as to avoid it from being attached, seized by law enforcement agencies. Shri Dilip Sisodiya and Ashok Pipada could not get any authentic reason for such ownership transfer of these two properties in the name of Shri Ashok Pipada. Thus it appears that Shri Ashok Pip....
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...., the Court must also keep in view that a criminal offence is not just an offence against an individual; rather the larger societal interest is at stake. Therefore, a delicate balance is to be established between the two rights - safeguarding the personal liberty of an individual and the societal interest. It cannot be said that refusal to grant anticipatory bail would amount to denial of the rights conferred upon the appellant under Article 21 of the Constitution of India." It is further stated that while granting bail, the Court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar....
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....(Cr) 41, held that while granting bail under Code of Criminal Procedure, 1973 the following should be considered: (i) the nature and gravity of the circumstances in which the offence is committed (ii) the position and the status of the accused with reference to the victim and witnesses; (iii) the likelihood of the accused fleeing from justice; (iv) of repeating the offence, (v) of jeopardizing his own life being faced with a grim prospect of possible conviction in the case; (vi) of tampering with witnesses; (vii) the history of the case as well as of its investigation; and (viii) other relevant grounds which, in view of so many variable factors, cannot be exhaustively s....
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....ted with a serious approach in the matter of bail. The economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be viewed seriously and considered as grave offences affecting the economy of the country as a whole and thereby posing serious threat to the financial health of the country. 8. The applicant said to have purchased the plots from Keshav Nachani who has been granted anticipatory bail by this Court vide M.Cr.C. No.51485 of 2023. So far as the role of this applicant is concerned, he only assisted Dipak Jain in the crime. Deepak Jain transferred the property in the name of this applicant. The arrest is not required for custody/ interrogation as investigation is over now. 9. Shri Himanshu ....