2023 (2) TMI 1279

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....021 based Information Report No. ECIR/01/NGR/2011, on complaint made by Assistant Director, Sub-Zone Raipur (C.G.), Enforcement Directorate for the offfence punishable under Sections 3 & 4 of the Prevention of Money Laundering Act, 2002 (for short 'Act of 2002'), pending before the Special Judge (Prevention of Money Laudering Act) and IVth Additional Sessions Judge, Raipur (C.G.). 2. The case, in a nutshell, is that on the basis of the information provided by IT Department, an F.I.R. No. 06/2010 dated 19.02.2010 was registered by EOW/ACB Raipur against Babulal Agrawal, IAS Officer under Sections 13 (1) (e) & 13 (2) to Prevention of Corruption Act, 1988. During the investigation, it emerged that Sunil Agrawal, Chartered Accountant....

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....l. He would fuhrer submit that according to Section 45 of the Act of 2002, the court has to satisfied twin conditions i.e. (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, before passing any order for bail. He would submit that there are serious allegations against the present applicants as they were involved in the offence according to Section 3 of the Act of 2002. He would also submit that the Hon'ble Supreme Court has granted liberty to Pawan Kumar Agraw....

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....dering the fact that during the investigation, the Investigating Agency never arrested the petitioner(s) and that the petitioner(s) had co-operated during the investigation and that now the Charge-sheet is already filed and the custodial investigation is not required, we deem it appropriate to make order dated 23.03.2022 as absolute. It is directed that in case of arrest of petitioner(s), the petitioner(s) be released on bail on the terms and conditions that may be determined by the learned Trial Court. Thereafter, within a period of 10 days, the petitioner(s) may file regular bail application before the Competent Court having jurisdiction, which be considered in accordance with law and on its own merits without in any way being influenced ....