TaxTMI 
TaxTMI 
2024 (4) TMI 163
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....te of Enforcement, Bhopal zonal Office for the offences punishable under Sections 3/4 of the Prevention of Money Laundering Act, 2002 (herein after referred to as the PMLA). 2. The counsel for the applicant contends that the present applicant is innocent and has been falsely implicated in the case. The applicant is being prosecuted on the basis of a complaint filed by the respondent under Sections 44 and 45 of the PMLA. It is contended that the applicant was never involved in any activity pertaining to money laundering. He has co-operated with the process of investigation. The applicant was issued notices by the respondent during investigation and the applicant co-operated with the process of investigation on two occasions. It is further c....
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....ted 28.8.2023 passed by the Apex Court in Paras Kumar Bansal Vs. Enforcement Directorate in S.L.P. (Criminal) No. 8161 of 2023 and order dated 20.11.2023 passed by the Apex Court in Rajesh Kumar Vs. The Directorate of Enforcement in S.L.P. (Criminal) No. 12803 of 2023. 3. Per contra, the counsel for the respondent submits that the present application filed by the applicant deserves to be dismissed. It is contended that the allegations detailed in the complaint would reveal that the proceed of crime are in colossal amount. Crore of Rupees have been siphoned off, therefore, the present applicant is not entitled to be enlarged on anticipatory bail. The counsel while taking this Court to the memorandum of the complaint submits that the present....
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.... properties after initiation of the proceedings of attachment against him. Thus, it is submitted that the applicant is not entitled to be enlarged on anticipatory bail. 7. Heard the submissions advanced on behalf of the counsel for the parties and perused the record. 8. In the present case, the applicant is aged about 83 years and seeking relief of anticipatory bail in terms of proviso to Section 45 of the PMLA. Proviso to Section 45 of PMLA provides that the person who is under the age of sixteen years or is a woman or is sick or infirm or is accused either on his own or along with other co-accused of money-laundering a sum of less than one crore rupees, may be released on bail, if the special Court so directs. The applicant in Para 5 of....
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....fficulty in the movement of the present applicant is due to old age and Bilateral Osteoarthritis knee joints. 10. So far as the applicant's cooperation with the investigation is concerned, it reflects from the perusal of the complaint that the applicant herein was issued summons on as many as 6 occasions. First summons was issued to the applicant on 19.8.2023, then on 22.8.2023, 29.8.2023, 6.10.2023, 13.10.2023 and 20.10.2023. In response to aforesaid 6 summons, the applicant on 4 occasions did not appear as according to the applicant he was indisposed, however, the applicant appeared on 5.9.2023 and 27.10.2023, which is evident from Table 23, which finds mention in Paragraph 20 of the complaint. 11. It is further evident from Para 17....
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....n of the applicant's health. 13. At the cost of repetition, it would be germane to observe that the applicant has been examined by the experts of various fields and such experts are not available in Jail Hospital. The Board of experts suggested periodic examination of the applicant and also concluded that the applicant is suffering with Ishemic Heart Disease (IHD) since 2015 with preserved EF, Hypothyroidism since 10 years and well controlled with medication and Bilateral Knee Osteoarthritis with Lumbar Spondylosis. 14. The judgments relied upon by the counsel for the respondent in Sanjay Jain (supra) is of no assistance to the respondent and is factually distinguishable, inasmuch as, the ailments which were claimed by the accused the....