TaxTMI 
TaxTMI 
2024 (4) TMI 1184
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....ep Bagchi on the basis of complaint of Tax Collector of Ranchi Municipal Corporation for submission of forged papers i.e. Aadhar Card, Electricity Bill and Possession letter for obtaining holding number 0210004194000A1 and 0210004031000A5. Investigation revealed that by submitting the forged documents, a holding number was obtained in name of Pradeep Bagchi for property at Morabadi Mouza, Ward No. 21/19, Ranchi having an area of the plot measuring 455.00 decimals approx. at Ranchi. 4. Investigation further revealed that the above property belonged to Late B.M. Laxman Rao which was given to the Army and had been in the possession of the Defence, in occupation of the Army since independence. Investigation reveals that by way of creating a fake owner (Pradeep Bagchi) of the above said property, it was sold to one company M/s Jagatbandhu Tea Estate Pvt. Ltd for which the consideration amount was shown Rs. 7 crores which was highly under value and out of this amount Rs. 7 crores payment amounting to Rs. 25 lakhs only were made into the account of said Pradeep Bagchi and rest of the money was falsely shown to be paid through cheques in the deed no.- 6888 of 2021. 5. It has come dur....
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....n to be deposited in the bank account is of other business transaction. (iv) The ground of parity has also been taken, since, one of the co-accused namely, Dilip Kumar Ghosh has been granted bail by the co-ordinate Bench of this Court vide order dated 28.11.2023 passed in B.A. No.7233 of 2023. 11. Learned counsel for the petitioner, based upon the aforesaid ground, has submitted that the learned court while considering the prayer for bail ought to have taken into consideration all these aspects of the matter both legal and factual but having not done so, serious error has been committed. 12. Further submission has been made in the aforesaid view of the matter as per the ground agitated that it is a fit case where the petitioner is to be given the privilege of bail. Argument on behalf of the learned counsel for the Opp. Party/Directorate of Enforcement 13. Per contra, Mr. Anil Kumar, learned Addl. S.G.I. appearing for the Opp. Party-Directorate of Enforcement has vehemently opposed the prayer for bail by taking the following grounds:- (i) It is incorrect on the part of the petitioner to take the ground that the proceeds of crime are only be said t....
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....n Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, Basle Statement of Principles enunciated in 1989, the FATF established at the summit of seven major industrial nations held in Paris from 14th to 16th July, 1989, the Political Declaration and Noble Programme of Action adopted by United Nations General Assembly vide its Resolution No. S-17/2 of 23.2.1990, the United Nations in the Special Session on countering World Drug Problem Together concluded on the 8th to the 10th June, 1998, urging the State parties to enact a comprehensive legislation. 19. It is evident from the introduction and Statement of Objects and Reasons accompanying the Bill which became the 2002 Act. The same reads thus: "INTRODUCTION Money-laundering poses a serious threat not only to the financial systems of countries, but also to their integrity and sovereignty. To obviate such threats international community has taken some initiatives. It has been felt that to prevent money-laundering and connected activities a comprehensive legislation is urgently needed. To achieve this objective the Prevention of Money-laundering Bill, 1998 was introduced in the Parliamen....
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....e Special Session on countering World Drug Problem Together concluded on the 8th to the 10th June, 1998 has made another declaration regarding the need to combat money-laundering. India is a signatory to this declaration." 20. It is thus evident that the Act 2002 was enacted in order to answer the urgent requirement to have a comprehensive legislation inter alia for preventing money-laundering, attachment of proceeds of crime, adjudication and confiscation thereof for combating money-laundering and also to prosecute the persons indulging in the process or activity connected with the proceeds of crime. 21. It needs to refer herein the definition of "proceeds of crime" as provided under Section 2(1)(u) of the Act, 2002 which reads as under: "2(u) "proceeds of crime" means any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property 3[or where such property is taken or held outside the country, then the property equivalent in value held within the country] 4[or abroad]; [Explanation.-For the removal of doubts, it is hereby clarified that "proceeds of cr....
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....fences specified under Part A of the Schedule; or (ii) the offences specified under Part B of the Schedule if the total value involved in such offences is [one crore rupees] or more; or (iii) the offences specified under Part C of the Schedule." 28. It is evident that the "scheduled offence" means the offences specified under Part A of the Schedule; or the offences specified under Part B of the Schedule if the total value involved in such offences is [one crore rupees] or more; or the offences specified under Part C of the Schedule. 29. The offence of money laundering has been defined under Section 3 of the Act, 2002, which reads as under: "3. Offence of money-laundering.-Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the [proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming] it as untainted property shall be guilty of offence of money-laundering. [Explanation.- For the removal of doubts, it is hereby clarified that,- (i) a person shall be guilty of offence of money-l....
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....ng entity] and examining him on oath; (c) compelling the production of records; (d) receiving evidence on affidavits; (e) issuing commissions for examination of witnesses and documents; and (f) any other matter which may be prescribed. (2) The Director, Additional Director, Joint Director, Deputy Director or Assistant Director shall have power to summon any person whose attendance he considers necessary whether to give evidence or to produce any records during the course of any investigation or proceeding under this Act. (3) All the persons so summoned shall be bound to attend in person or through authorised agents, as such officer may direct, and shall be bound to state the truth upon any subject respecting which they are examined or make statements, and produce such documents as may be required. (4) Every proceeding under sub-sections (2) and (3) shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860). (5) Subject to any rules made in this behalf by the Central Government, any officer referred to in sub-section (2) may impound and ret....
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....rts having regard to the fact that India is a party to the said treaties. This Court went on to observe that the Constitution of India and other ongoing statutes have been read consistently with the rules of international law. It is also observed that the Constitution of India and the enactments made by Parliament must necessarily be understood in the context of the present-day scenario and having regard to the international treaties and convention as our constitution takes note of the institutions of the world community which had been created. In Apparel Export Promotion Council v. A.K. Chopra, the Court observed that domestic Courts are under an obligation to give due regard to the international conventions and norms for construing the domestic laws, more so, when there is no inconsistency between them and there is a void in domestic law. This view has been restated in Githa Hariharan, as also in People's Union for Civil Liberties, and National Legal Services Authority v. Union of India." 36. The implication of Section 50 has also been taken into consideration. For ready reference, the relevant paragraph, i.e., paragraphs422, 424, 425, 431, 434 reads as under: "42....
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....o state truth upon any subject concerning which he is being examined or is expected to make statement and produce documents as may be required by virtue of sub-section (3) of Section 50 of the 2002 Act. The criticism is essentially because of subsection (4) which provides that every proceeding under sub-sections (2) and (3) shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the IPC. Even so, the fact remains that Article 20(3) or for that matter Section 25 of the Evidence Act, would come into play only when the person so summoned is an accused of any offence at the relevant time and is being compelled to be a witness against himself. This position is well-established. The Constitution Bench of this Court in M.P. Sharma had dealt with a similar challenge wherein warrants to obtain documents required for investigation were issued by the Magistrate being violative of Article 20(3) of the Constitution. This Court opined that the guarantee in Article 20(3) is against "testimonial compulsion" and is not limited to oral evidence. Not only that, it gets triggered if the person is compelled to be a witness against himself, which may not happen merely b....
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....on relating to the commission of an offence has been levelled which in the normal course may result in prosecution. Whether it is available to other persons in other situations does not call for decision in this case." (emphasis supplied) 431. In the context of the 2002 Act, it must be remembered that the summon is issued by the Authority under Section 50 in connection with the inquiry regarding proceeds of crime which may have been attached and pending adjudication before the Adjudicating Authority. In respect of such action, the designated officials have been empowered to summon any person for collection of information and evidence to be presented before the Adjudicating Authority. It is not necessarily for initiating a prosecution against the noticee as such. The power entrusted to the designated officials under this Act, though couched as investigation in real sense, is to undertake inquiry to ascertain relevant facts to facilitate initiation of or pursuing with an action regarding proceeds of crime, if the situation so warrants and for being presented before the Adjudicating Authority. It is a different matter that the information and evidence so collated dur....
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....t for offence of money-laundering, but also to provide measures for prevention of money-laundering. It is also to provide for attachment of proceeds of crime, which are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceeding relating to confiscation of such proceeds under the 2002 Act. This Act is also to compel the banking companies, financial institutions and intermediaries to maintain records of the transactions, to furnish information of such transactions within the prescribed time in terms of Chapter IV of the 2002 Act. 38. The predicate offence has been considered in the aforesaid judgment wherein by taking into consideration the explanation as inserted by way of Act 23 of 2019 under the definition of the "proceeds of crime" as contained under Section 2(1)(u), whereby and whereunder, it has been clarified for the purpose of removal of doubts that, the "proceeds of crime" include property not only derived or obtained from the scheduled offence but also any property which may directly or indirectly be derived or obtained as a result of any criminal activity relatable to the scheduled offence, meaning thereby, the words "....
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.... "45. Offences to be cognizable and non-bailable.-(1) [Notwithstanding anything contained in the Criminal Procedure Code, 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: Provided that a 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: Provided further that the Special Court shall not take cognizance of any offence punishable under section 4 except upon a complaint in writing made by- (i) the Director; or (ii) any officer of the Central Government or a State Government authorised in writing in this behalf by the C....
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....o remain on the statute book post decision of this Court in Nikesh Tarachand Shah and if yes, in view of the amendment effected to Section 45(1) of the 2002 Act vide Act 13 of 2018, the declaration by this Court will be of no consequence. This argument need not detain us for long. We say so because the observation in State of Manipur in paragraph 29 of the judgment that owing to the declaration by a Court that the statute is unconstitutional obliterates the statute entirely as though it had never been passed, is contextual. In this case, the Court was dealing with the efficacy of the repealing Act. While doing so, the Court had adverted to the repealing Act and made the stated observation in the context of lack of legislative power. In the process of reasoning, it did advert to the exposition in Behram Khurshid Pesikaka and Deep Chand7 including American jurisprudence expounded in Cooley on Constitutional Limitations and Norton v. Shelby County." 43. Subsequently, the Hon'ble Apex Court in the case of Tarun Kumar vs. Assistant Director Directorate of Enforcement, (2023) SCC OnLine SC 1486 by taking into consideration the law laid down by the Larger Bench of the Hon'ble Ape....
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....with by the Hon'ble Apex Court in Vijay Madanlal Choudhary and Ors. Vs. Union of India and Ors.(supra) wherein it has been observed that the accused is not guilty of the offence and is not likely to commit any offence while on bail. 46. In the judgment rendered by the Hon'ble Apex Court in Vijay Madanlal Choudhary and Ors. Vs. Union of India and Ors. (supra) as under paragraph-284, it has been held that the Authority under the 2002 Act, is to prosecute a person for offence of money- laundering only if it has reason to believe, which is required to be recorded in writing that the person is in possession of "proceeds of crime". Only if that belief is further supported by tangible and credible evidence indicative of involvement of the person concerned in any process or activity connected with the proceeds of crime, action under the Act can be taken forward for attachment and confiscation of proceeds of crime and until vesting thereof in the Central Government, such process initiated would be a standalone process. 47. The Hon'ble Apex Court in the case of Gautam Kundu vs. Directorate of Enforcement (Prevention of Money-Laundering Act), Government of India through Manoj Kumar, Ass....
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....Tarun Kumar vs. Assistant Director Directorate of Enforcement (supra) has again reiterated the implication of Sections 45 and the principle of parity at paragraphs-17 and 18. The issue of parity has been considered by the Hon'ble Apex Court at paragraph-18 by making observation therein that parity is not the law. While, applying the principle of parity, the Court is required to focus upon the role attached to the accused, whose application is under consideration. For ready reference, paragraph- 18 read as under: "18. The submission of learned Counsel Mr. Luthra to grant bail to the appellant on the ground that the other co-accused who were similarly situated as the appellant, have been granted bail, also cannot be accepted. It may be noted that parity is not the law. While applying the principle of parity, the Court is required to focus upon the role attached to the accused whose application is under consideration. It is not disputed in that the main accused Sh. Kewal Krishan Kumar, Managing Director of SBFL, and KMP of group companies and the other accused Devki Nandan Garg, owner/operator/controller of various shell companies were granted bail on the ground of infirmity ....
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....e released' in contrast with the form of the words as found in Section 437(1) CrPC - 'may be released' - suggests the intention of the Legislature to make bail, the exception and jail, the rule." 51. The reason for making reference of this judgment is that in the case of Satender Kumar Antil vs. CBI and Anr., the U.A.(P) Act has also been brought under the purview of category 'c' wherein, while laying observation that in the U.A.(P) Act, it comes under the category 'c' which also includes money laundering offence wherein the bail has been directed to be granted if the investigation is complete but the Hon'ble Apex Court in Gurwinder Singh Vrs. State of Punjab and Anr. (supra) has taken the view by making note that the penal offences, as enshrined under the provision of U.A.(P) Act are also under category 'c' making reference that jail is the rule and bail is the exception. 52. Now coming to the grounds, as have been raised on behalf of the learned counsel for the petitioner that even if the entire ECIR will be taken into consideration, no offence will be said to be committed so as to attract the ingredients of Sections 3 & 4 of the P.M.L. Act, 2002. The further ground has....
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.... Falyaz Khan, Pradip Bagchi and Afshar Ali appearing into the account of Green Traders have been made on the directions of Afshar Ali Afsu Khan. He further stated that the accused person Afshar Ali has been using bank accounts of his firm Green Traders and his company F2R Constructions Pvt. Ltd. as per his discretions. During his statement dated 26.04.2023 (RUD No. 60) has stated that one Rajdeep Kumar (associate of Prem Prakash) arranged meeting with the accused Chhavi Ranjan regarding the property of 4.55 acres (in possession of the army). He went to the office of the accused Chhavi Ranjan along with Rajdeep Kumar and Afshar Ali where Circle Officer Manoj Kumar was also present. He further stated that Mr. Chhavi Ranjan after the discussion, directed the Circle Officer Manoj Kumar to conduct verification regarding the claim of Pradip Bagchi from the office of Registrar of Assurances (records), Kolkata. He further stated that he has also committed forgery in another and admeasuring 4.83 acres at Khata no. 53, Mauja Gari, Rance and has prepared its fake deed in name of one Samrendra Chandra Ghoshal, relative of Pradip Bagchi. This has been done in connivance with Shekhar Pr....
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....as obtained the power of attorney of a plot of land at Khata no. 4, Plot no. 1967, and Khata no. 25, Pinot no. 1989 from Lakhan Singh on the directions of Afshar Ali. He has also accepted that on the directions of Afshar Ali, land was acquired in frivolous manner which was situated at Plot no. 1965 admeasuring 1.79 acres and plot no. 1966 admeasuring 1.93 acres in which the power of attorney was given to Bharat Prasad on directions of Afshar All. Similarly, he has stated that on directions of Afshar Ali, he obtained a power of attorney for a land admeasuring 13.98 acres situated at Plot no. 1942, Khata no. 197. During searches on 13.04.2023, the property documents were recovered from his residence (RUD No. 22). It is evident that the accused person has dealt with several landed properties in a fake and frivolous manner with his associate Afshar Ali and his accomplices namely Bharat Prasad, Lakhan Singh, Rajesh Ral and others. These properties have been sold to different persons in which the cash amount has been distributed between Afshar All, Md. Saddam Hussain, Talha Khan @ Sunny, and other associates which prove that these persons are a part of the racket which are habit....
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....al land situated at Bariyatu, Ranchi for an amount of Rs. 4 crores on 19.02.2022. The agreement was mediated by Afshar Ali and token money of Rs, 20 lacs was paid to Afshar Ali on 19.02.2022. For this, he had also paid an additional amount and the total amount paid to Afshar Ali, Md. Saddam Hussain and Pradip Bagchi for obtaining the power of attorney from Pradip Bagchi was Rs. 50 lacs. Further, Md. Saddam Hussain, Pradip Bagchi and Afshar Ali were working as a team and as per the directions of Afshar Ali, he paid money to all of them. Out of this 60-decimal plot, he had sold them to three persons at the rate of Rs. 8 lacs per decimal in the registry completed in the month of July, 2022. He further stated that he is the director of a company Confiar Projects Pvt. Ltd, with his father Salik Akhtar. On being asked about huge cash deposits amounting to Rs. 87,97,029 in his Axis Bank, Bariyatu account bearing no. 918020064516549 (RUD No. 102), he stated that this was the proceeds of the sales of land and was deposited by him. On being asked about cash withdrawal of Rs. 1,28,74,000 from his above-said account, he provided unsatisfactory answers and was not able to justify his dealings i....
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....ing under Amit Kumar Agarwal. He further stated that he was under pressure by Dilip Kumar Ghosh and Afshar Ali not to take the name of Amit Kumar Agarwal and if he does so, he would not get any work in future. He further stated that Afshar Ali, Imtiaz Ahmed, Falyaz Khan, Talha Khan Sunny are experts in altering old property deeds. Falysis Khan is the dniver of Afshar All and works for him in creating fake documents These persons have forged stamps/seals which they use in making fake sale deeds. They have good contacts with Land Registry offices and one of the said officers is Bhanu Pratap Prasad who works in Cinde Office, Baragal, Ranchi. Bhanu Pratap Prasad assists Afshar All and others in acquiring properties illegally. In his statement dated 17.04.2023 (RUD No. 51), he stated that on directions of Afshar All, he stood as the owner of the property of 60 decimals at Khata no. 29, Plot no. 66ti at Morabadi, P.S Banyatu, Ranchi for money. Afshar All arranged fake deed of the year 1943 and executed it in name of his deceased father Prafulia Bagchi, son of Mohini Bagchi. As per instructions of Afshar All, he executed sale agreement with Talha Khan Sunny. He was shown the agreement dat....
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....r Projects Pvt. Ltd. in its Axis Bank account 91802000064516549. Proceeds of crime amounting to Rs.12,35,56,621 were credited during period 15.06.2019 to 07.06.2023 out of which Rs.1,28,74000 was siphoned off in cash. The accused person used his bank accounts for placement layering and integration of the proceeds of crime. The said amount were also transferred to other accused persons. Thus, the accused person was knowingly a party and actually involved with the other accused persons in activity connected with the proceeds of crime i.e. its acquisition, use and projecting and claiming the proceeds of crime as untainted property. Thus, the accused person has committed the offence of money laundering under section 3 of PMLA, 2002 and is liable to be punished under section 4 of PMLA, 2002. Assisted other accused persons in arranging buyers of fraudulently acquired lands. Entered into an agreement for 60 decimal land situated at Bariyatu, Ranchi for an amount of Rs.4 crores on 19.02.2022. 55. It has come on record that the searches were conducted on 13.04.2023 and 10 numbers of manufactured stamps/seals were seized from the premises of one of the accomplices Faiyaz Khan (ac....
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...., Kolkata, falsely showing an amount of Rs. 4 crores. The accused person acquired proceeds of crime through his company, Confiar Projects Pvt. Ltd., account 921020002279585 maintained at Axis Bank. In his Axis Bank account, 9180200064516549, proceeds of crime amounting to Rs. 12,35,56,621 were credited during the period from June 15, 2019, to June 7, 2023, out of which Rs. 1,28,74,000 was siphoned off in cash. When asked about the significant cash deposits totaling Rs.87,97,029 in his Axis Bank Bariyatu account bearing no. 918020064516549, he stated that this was the proceeds deposited from the sale of land by him. The accused person used his bank accounts for placement, layering, and integration of the proceeds of crime. The said amount was also transferred to other accused persons. 59. Further, the statement of Sadam Hussain mentioned in paragraph-8.4 of the prosecution complaint reveals that the petitioner was involved in money laundering. The petitioner, Talha Khan @ Sunny, has also transferred Rs. 44 Lakhs into the bank account of F2R Constructions Pvt. Ltd., which is a company of Md. Saddam Hussain and Imtiaz Ahmed. Thus, it reveals that Afshar Ali, Md. Saddam Hussain, Tal....
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....n and Greensoil Enterprises. 64. The statement of Pradeep Bagchi, as mentioned in paragraph 8.6 of the prosecution complaint, reveals the involvement of Afshar Ali, Imtiaz Ahmed, Md. Saddam Hussain, Talha Khan @ Sunny (the present petitioner), and Faiyaz Khan in manipulating sale deeds of landed properties. They paid him money to stand as the owner property on of the forged sale deeds. Bagchi further disclosed that he had signed as approximately five sale deeds, the owner for of which he received money from the aforementioned persons. He also mentioned that, at the direction of Afshar Ali, he posed as the owner of a property and Afshar Ali arranged a fake deed dating back to year 1943, executed in the name of his deceased father, Prafulla Bagchi, son of Mohini Bagchi and on instruction of Afshar Ali, he entered into a sale agreement with present petitioner, i.e., Talha Khan @ Sunny. Pradeep Bagchi also stated that an account was opened in his name at HDFC Bank, which Afshar Ali and Talha Khan operated according to their wishes. They had also obtained his signatures on blank cheques, and its bank passbooks were also taken by them. 65. The three Judges Bench of the Hon'ble Apex....
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..... Further from the statement of Imtiyaz Ahmad which was recorded at para 8.5 of the prosecution complaint u/s 50 of the PMLA, 2002 reveals that he had made payment to the petitioner and others as mentioned in the diary. Faiyaz Khan in his statement recorded at para-8.6 of the prosecution complaint also admitted that he has been mentioning an Axis bank account bearing no. 920010047770735 in which several larger value transactions with petitioner and others have been made. 70. Further, the petitioner Talha Khan @ Sunny himself admitted in his statement recorded under Section 50 of the P.M.L.A. that he had entered into an agreement with Pradeep Bagchi for 60 decimal land situated at Bariatu, Ranchi of an amount of Rs. 4 crores on 19.02.2022. The agreement was mediated by Afsar Ali and token money of Rs. 20 lacs was paid to Afsar Ali on 19.02.2022. He has also admitted that the petitioner along with other co-accused, were working as a team, as per directions of Afsar Ali. He paid money to all of them. He also disclosed that amount Rs. 87,97,029/- cash deposited by him in his Axis Bank, Bariatu account bearing no. 918020064516549. He stated that this amount was the proceeds of the sa....
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.... has submitted that the mere fact that investigation is complete does not necessarily confer a right on the accused/petitioner to be released on bail. 76. In the context of aforesaid contention of learned counsel for the petitioner, it would be relevant to note here that in the instant case mere filing of the charge-sheet does not cause material change in circumstances. 77. Further, it is settled proposition of law that the filing of chargesheet is not a circumstance that tilts the scales in favour of the accused for grant of bail and needless to say, filing of the charge-sheet does not in any manner lessen the allegations made by the prosecution. 78. At this juncture, it would be apposite to refer to the decision of Hon'ble Supreme Court rendered in the case of Virupakshappa Gouda Vs. State of Karnataka, (2017) 5 SCC 406, wherein, at paragraph-12, the Hon'ble Apex Court has observed as under: "12. On a perusal of the order passed by the learned trial Judge, we find that he has been swayed by the factum that when a charge-sheet is filed it amounts to change of circumstance. Needless to say, filing of the charge-sheet does not in any manner lessen the allegatio....
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....n held therein by making observation that whatever form the relief is couched including the nature of proceedings, be it under Section 438 of the 1973 Code or 439 for that matter, by invoking the jurisdiction of the Constitutional Court, the underlying principles and rigors of Section 45 of the 2002 must come into play and without exception ought to be reckoned to uphold the objectives of the 2002 Act, which is a special legislation providing for stringent regulatory measures for combating the menace of money-laundering. 85. Therefore, the conditions enumerated in Section 45 of P.M.L.A. will have to be complied with even in respect of an application for bail made under Section 439 Cr.P.C. That coupled with the provisions of Section 24 provides that unless the contrary is proved, the authority or the Court shall presume that proceeds of crime are involved in moneylaundering and the burden to prove that the proceeds of crime are not involved, lies on the appellant. 86. As discussed above, the "offence of money-laundering" means whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity con....
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....ranting bail and by simply saying that another accused has been granted bail is not sufficient to determine whether a case for the grant of bail on the basis of parity has been established. Reference in this regard may be made to the judgment rendered by the Hon'ble Apex Court in the case of Ramesh Bhavan Rathod vs. Vishanbhai Hirabhai Makwana, reported in (2021) 6 SCC 230, wherein, it has been held as under: "25. We are constrained to observe that the orders passed by the High Court granting bail fail to pass muster under the law. They are oblivious to, and innocent of, the nature and gravity of the alleged offences and to the severity of the punishment in the event of conviction. In Neeru Yadav v. State of U.P. [Neeru Yadav v. State of U.P., (2014) 16 SCC 508 :] , this Court has held that while applying the principle of parity, the High Court cannot exercise its powers in a capricious manner and has to consider the totality of circumstances before granting bail. This Court observed : (SCC p. 515, para 17) "17. Coming to the case at hand, it is found that when a stand was taken that the second respondent was a history-sheeter, it was imperative on the part of the....
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....of Enforcement (supra) wherein at paragraph18, as has been quoted and referred above, it has been held that parity is not the law and while applying the principle of parity, the Court is required to focus upon the role attached to the accused whose application is under consideration. 92. It has further been held at paragraph-19 of the said judgment that the principle of parity is to be applied in the matter of bail but equally it has been laid down therein that there cannot be any negative equality, meaning thereby, that if a co-accused person has been granted bail without consideration of the factual aspect or on the ground said to be not proper, then, merely because the co-accused person has been directed to be released on bail, the same will not attract the principle of parity on the principle that Article 14 envisages positive equality and not negative equality. For ready reference, relevant paragraph, i.e., paragraph-19, of the aforesaid judgment reads as under: "19. It is axiomatic that the principle of parity is based on the guarantee of positive equality before law enshrined in Article 14 of the Constitution. However, if any illegality or irregularity has been c....
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....dhu Tea Estate Pvt. Ltd. which was completely under the control of Amit Kumar Agarwal. 97. This Court, in order to come to the conclusion as to whether, the principle of parity is to be followed on the ground that the said Dilip Kumar Ghosh has been granted bail, has already considered the imputation against the present petitioner, which has already been mentioned in preceding paragraphs. 98. On comparative assessment of the allegation as per the material collected in course of investigation as referred hereinabove, it is evident that against the said Dilip Kumar Ghosh, the allegation of purchase of the land in question has been alleged and further allegation against him is that he is involved in the activities connected with the acquisition, possession, concealment and use of the proceeds of crime and claiming and projecting the proceeds of crime as untainted property. 99. Therefore, it is evident from the discussion as made above that the case of the petitioner is different to that of the said Dilip Kumar Ghosh as per the allegation and it is pertinent to mention here that the bail of accused no.3 Amit Kumar Agarwal has already been rejected by this Court vide order date....
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....l evidence, inter alia, observed as under: (SCC p. 371, para 5) "5. ... The entire community is aggrieved if the economic offenders who ruin the economy of the State are not brought to book. A murder may be committed in the heat of moment upon passions being aroused. An economic offence is committed with cool calculation and deliberate design with an eye on personal profit regardless of the consequence to the community. A disregard for the interest of the community can be manifested only at the cost of forfeiting the trust and faith of the community in the system to administer justice in an even-handed manner without fear of criticism from the quarters which view white-collar crimes with a permissive eye unmindful of the damage done to the national economy and national interest." 24. 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 to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being ta....