TaxTMI 
TaxTMI 
2025 (4) TMI 375
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....R. was the outcome of the information shared with Jharkhand Government under Section 66(2) of PLMA, 2002 which was shared in another case bearing ECIR No. RNZO/18/2022 dated 21.10.2022. In the instant investigation, the scrutiny of voluminous property documents secreted at the premises of Bhanu Pratap Prasad along with the seventeen original registered revealed fresh facts and evidences about illegal activities to acquire several other properties by a syndicate which comprise of Md. Sadam Hussain, Afshar Ali, Bhanu Pratap Prasad, Priya Ranjan Sahay, Bipin Singh and others. Investigation has revealed about preparation of a fake Deed Number 3985 of the year 1940, a copy of which was seized from the possession of Md. Saddam Hussain on 13.04.2023. This deed has been made for a property of 6.34 Acres spreads over several plots of Khata No. 234 out of which Plot No. 989 (84 Decimals) and 996 (32 Decimals) falls under the said 8.86 Acres property which is illegal possession of Hemant Soren. These 6.34 Acres properties are mostly Bhuinhari properties, which are being acquired sold and possessed in illegal manner by the syndicates of Md. Saddam Hussain, Afsar Ali, Priya Ranjan Sahay, ....
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....and use in a concealed manner and projecting them as untainted property, and as such they are guilty of the offence money laundering. Therefore, it has been stated that the aforesaid four persons namely Priya Ranjan Sahay, Bipin Singh, Anand Tirkey @ Antu Tirkey and Irshad Akhtar are involved in the proceeds of crime used and generated out of the said activities. In the backdrop of the aforesaid alleged facts the present petitioner had been arrested on 16.04.2024 and accordingly the petitioner had preferred the Misc. Cri. Application No.2053 of 2024 for grant of bail but the same was dismissed vide order dated 26.07.2024 passed by the learned Additional Judicial Commissioner-I-cum-Spl. Judge, PML Act, Ranchi. Hence, the present petition has been preferred for the grant of bail. Argument on behalf of the learned counsel for the petitioner: 3. Mr. Pradeep Kumar Nayak, learned counsel appearing on behalf of the petitioner has taken the following grounds: i. The petitioner is innocent and has falsely been implicated by E.D. in this case as he has committed no offence whatsoever as alleged in the prosecution complaint. ii. There is no document to show th....
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....ince 16.04.2024 and since then he is languishing in judicial custody. 4. Learned counsel for the petitioner, based upon the aforesaid grounds, 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. 5. 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 respondent-ED : 6. While on the other hand, Mr. Amit Kumar Das, learned counsel for the opposite party-Enforcement Directorate has vehemently opposed the prayer for grant of regular bail by taking the following grounds: (i) The ground has been taken that the petitioner is involved in selling the Bhuinhari Property pertaining to Khata No.234 at village Bargain, Ranchi in an illegal manner. He has also involved in obtaining several non-saleable and non-transferable Bhuinhari properties in his name and his wife Sunita Tirkey as also in the name of his nephew Annu Karketta. ....
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....resent petitioner is serious, as such, the instant bail application is fit to be rejected. Analysis 8. This Court has heard the learned counsel for the parties and gone through the materials available on record. 9. This Court, before appreciating the argument advanced on behalf of the parties, deems it fit and proper to discuss herein some of the provision of law as contained under the Act, 2002 with its object and intent. 10. The Act was enacted to address the urgent need to have a comprehensive legislation inter alia for preventing money-laundering, attachment of proceeds of crime, adjudication and confiscation thereof including vesting of it in the Central Government, setting up of agencies and mechanisms for coordinating measures for combating money-laundering and also to prosecute the persons indulging in the process or activity connected with the proceeds of crime. The issues were debated threadbare in the United Nation 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 16thJuly, 1989, the ....
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....laundering. The recommendations were classified under various heads. Some of the important heads are- (i) declaration of laundering of monies carried through serious crimes a criminal offence; (ii) to work out modalities of disclosure by financial institutions regarding reportable transactions; (iii) confiscation of the proceeds of crime; (iv) declaring money-laundering to be an extraditable offence; and (v) promoting international co-operation in investigation of money- laundering. (d) the Political Declaration and Global Programme of Action adopted by United Nations General Assembly by its Resolution No. S-17/2 of 23rd February, 1990, inter alia, calls upon the member States to develop mechanism to prevent financial institutions from being used for laundering of drug related money and enactment of legislation to prevent such laundering. (e) the United Nations in the 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." 11. It is thus evident that the Act, 2002....
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....e country but by way of explanation the proceeds of crime has been given broader implication by including 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. 16. The "property" has been defined under Section 2(1)(v) which means any property or assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and includes deeds and instruments evidencing title to, or interest in, such property or assets, wherever located. 17. The schedule has been defined under Section 2(1)(x) which means schedule to the Prevention of Money Laundering Act, 2002. The "scheduled offence" has been defined under Section 2(1)(y) which reads as under: "2(y) "scheduled offence" means- (i) the offences 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." 18. It is evident that the "scheduled offence" mean....
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....ed property in any manner whatsoever. 22. The punishment for money laundering has been provided under Section 4 of the Act, 2002. 30. Section 50 of the Act, 2002 confers power upon the authorities regarding summons, production of documents and to give evidence. For ready reference, Section 50 of the Act, 2002 is quoted as under: "50. Powers of authorities regarding summons, production of documents and to give evidence, etc.-(1) The Director shall, for the purposes of section 13, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely:- (a) discovery and inspection; (b) enforcing the attendance of any person, including any officer of a [reporting 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 ev....
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.... or claiming the property in question as untainted property, the offence would be complete. This would undermine the efficacy of the legislative intent behind Section 3 of the Act and also will be in disregard of the view expressed by the FATF in connection with the occurrence of the word "and" preceding the expression "projecting or claiming" therein. This Court in Pratap Singh v. State of Jharkhand, enunciated that the international treaties, covenants and conventions although may not be a part of municipal law, the same be referred to and followed by the Courts 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 domest....
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....d that it applies to proceeding before the Adjudicating Authority or the Special Court, as the case may be. Nevertheless, sub-section (2) empowers the authorised officials to issue summon to any person. We fail to understand as to how Article 20(3) would come into play in respect of process of recording statement pursuant to such summon which is only for the purpose of collecting information or evidence in respect of proceeding under this Act. Indeed, the person so summoned, is bound to attend in person or through authorised agent and to 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 wi....
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....that the protection in respect of the evidence so procured is confined to what transpires at the trial in the court room. The phrase used in article 20(3) is "to be a witness" and not to "appear as a witness". It follows that the protection afforded to an accused in so far as it is related to the phrase "to be a witness" is not merely in respect of testimonial compulsion in the court room but may well extend to compelled testimony previously obtained from him. It is available therefore to a person against whom a formal accusation 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 ....
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....ficials is one for conducting inquiry into the matters relevant for ascertaining existence of proceeds of crime and the involvement of persons in the process or activity connected therewith so as to initiate appropriate action against such person including of seizure, attachment and confiscation of the property eventually vesting in the Central Government." 26. It is evident from the observation so made as above that the purposes and objects of the 2002 Act for which it has been enacted, is not limited to punishment 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. 27. The predicate offence has been considered in the aforesaid judgment wherein by takin....
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....hary and Ors. Vs. Union of India and Ors. (supra) at paragraphs-372-374. For ready reference, the said paragraphs are being referred as under: "372. Section 45 has been amended vide Act 20 of 2005, Act 13 of 2018 and Finance (No. 2) Act, 2019. The provision as it obtained prior to 23.11.2017 read somewhat differently. The constitutional validity of Sub- section (1) of Section 45, as it stood then, was considered in Nikesh Tarachand Shah. This Court declared Section 45(1) of the 2002 Act, as it stood then, insofar as it imposed two further conditions for release on bail, to be unconstitutional being violative of Articles 14 and 21 of the Constitution. The two conditions which have been mentioned as twin conditions are: (i) that there are reasonable grounds for believing that he is not guilty of such offence; and (ii) that he is not likely to commit any offence while on bail. 373. According to the petitioners, since the twin conditions have been declared to be void and unconstitutional by this Court, the same stood obliterated. To buttress this argument, reliance has been placed on the dictum in State of Manipur. 374. The first issue to be answered by us is....
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...."17. As well settled by now, the conditions specified under Section 45 are mandatory. They need to be complied with. The Court is required to be satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and he is not likely to commit any offence while on bail. It is needless to say that as per the statutory presumption permitted under Section 24 of the Act, the Court or the Authority is entitled to presume unless the contrary is proved, that in any proceedings relating to proceeds of 17 A.B.A. No. 10671 of 2023 crime under the Act, in the case of a person charged with the offence of money laundering under Section 3, such proceeds of crime are involved in money laundering. Such conditions enumerated in Section 45 of PML Act will have to be complied with even in respect of an application for bail made under Section 439 Cr. P.C. in view of the overriding effect given to the PML Act over the other law for the time being in force, under Section 71 of the PML Act." 32. The Hon'ble Apex Court in the said judgment has further laid down that the twin conditions as to fulfil the requirement of Section 45 of the Act, 2002 before granting the b....
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....stent with the provisions of this Act and Section 71 provides that the provisions of PMLA shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. PMLA has an overriding effect and the provisions of CrPC would apply only if they are not inconsistent with the provisions of this Act. 35. Therefore, the conditions enumerated in Section 45 of PMLA will have to be complied with even in respect of an application for bail made under Section 439 CrPC. 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 money-laundering and the burden to prove that the proceeds of crime are not involved, lies on the appellant. For ready reference, paragraph-30 of the said judgment reads as under: "30. The conditions specified under Section 45 of PMLA are mandatory and need to be complied with, which is further strengthened by the provisions of Section 65 and also Section 71 of PMLA. Section 65 requires that the provisions of CrPC shall apply insofar as they are not inconsistent with the provisions of th....
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....documents and original government records were recovered and seized from the premises of Bhanu Pratap Prasad, which were found falsified and tampered in order to acquire as well as assist other personas to acquire landed properties in illegal manner. Bhanu Pratap Prasad and six other members of the above stated syndicate including Afshar Ali and Md Saddam Hussain were arrested on 14.04.2023 under section 19 of PMLA for being involved in the above forgeries which have resulted in the generation of proceeds of crime. 9.3 Bhanu Pratap Prasad being a government servant (Revenue Sub- Inspector, Baragain) was part of a syndicate that was habitually involved in illegal activities pertaining to forgeries and tampering with government records aimed at acquiring landed properties. As such, the information with respect to Bhanu Pratap Prasad and the documents seized from his possession was shared with the Chief Secretary, Govt. of Jharkhand under section 66(2) of the PMLA, 2002 On the basis of said information, the FIR was lodged by the Sadar PS. The information shared under section 66(2) of PMLA, 2002 is an integral part of the FIR 272/2023. On the basis of the FIR no: 272/2023 the ....
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.... Ranchi, Khata no 234, Khewat no. 10/11 of various plots including plot no. 989, area 0.84 acres and plot no 996, area 0.32 acres part of total area 6.34 acres, to which he admitted that deed No 3985/1940 is a fake deed, which was made by Afshar Ali and the same was placed in the records of the Registrar of Assurances, Kolkata. The said fake deed was recovered from his residence, as he was working with Afshar Ali for disposing of the land. The involvement of Md. Saddam Hussain in the said fake deed no. 3985 is corroborated from the seizure of the said deed 3985 of the year 1940 from his possession during searches conducted on 13.04.2023 by EC IR/RNZO/18/2022) 9.20 Subsequently, the said Afshar Ali was also taken into the custody of the Directorate of Enforcement on 16.104 2024. During his custody, he stated that deed no. 3985 of the year 1940, registered at the Registrar of Assurances Kolkata, related to property under Mauja Baragain at Thana no. 184, Ranchi, Khata no 234. Khewat no 10/11, totalling to 6.34 acres, was a fake deed. He further stated that two other fake deeds were written while making this fake deed 3985 of the year 1940. The pages from the original volumes ....
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....nt from the cash entries in the diaries.- 9.30 All the above stated properties are Bhuinhari properties, which cannot be sold or transferred without the specific permission of the competent authority. Still the accused person Antu Tirkey entered into such illegal dealings on plain agreements in a concealed manned in order to acquire proceeds of crime. 9.31 The scrutiny of the seized documents reveal several such agreements done by Antu Tirkey either in his name or name of his family members wherein cash transactions worth several crores are involved. In his statement dated 22.04.2024, the said Antu Tirkey has admitted his involvement in following properties:- A. Property admeasuring 42 decimals at Plot no. 1055, Khata no 234, wherein amount involved in Rs 73.5 Lakhs B. Dealing with Afshar Ali worth Rs 5 lakhs with respect to a land at Ranchi. Dealing for 32 decimals of land at Oramanjhi D. Property admesuring 32 decimals acquired at plot no. 1054 at Khata no. 232 from Sahdev Pahan and others in name of his wife Sunita Tirkey. E. Acquisition of 73 decimals of land in Mouja Bargain from pahan family for Rs 40 lakhs and sa....
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.... 23.04.2024 reveals about acquisition of cash in bank account in lieu of illegal activities including commission for transfer/posting of government officials. His statement dated 27.04.2024 reveals about his association with Afshar Ali in respect of several landed properties, largely restricted properties in illegal manner. Process and activity connected with proceeds of crime and role of the accused persons in offence of money laundering - Anand Tirkey @ Antu Tirkey (accused no. 10) The accused person is knowingly involved in selling the Bhuinhari Property admeasuring decimals pertaining to Khata No 234 at Village Baragain, Ranchi in an illegal manner. Further, he is also involved in obtaining several non-saleable and non-transferrable Bhuinhari properties in his name, in the name of his wife Sunita Tirkey and in the name of his nephew Annu Karketta. The accused person has acquired 42 decimals of land of Khata no. 234, Plot no. 1055 at village Baragain which are non-saleable lands. The said property has been acquired in connivance with co-accused person Md. Saddam Hussain. These are the land pertaining to the same Khata under which, a property admeasurin....
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.... a share in the proceeds of crime derived from the illegal activities of acquiring land on the basis of fake deeds. It has come in investigation that Anand Tirkey @ Antu Tirkey was also involved in the illegal sale of properties pertaining to Khata no. 232 which are Bhuinhari Properties. 43. It is evident from the prosecution complaint that on 16.04.2024, searches were conducted at the residential premises of the present applicant and from scrutiny of the said documents and diaries revealed cash transactions with respect to several landed properties which are nonsaleable properties. During investigation the accused person Antu Tirkey had admitted his dealings with respect to non-saleable landed properties at Ranchi by which he has acquired huge amount of money. The same is also evident from the cash entries in the diary. 44. Further, the present applicant in his statement dated 22.04.2024 has also admitted the aforesaid dealing and has further stated to have received Rs. 70 to 80 lakhs till date. It has further come in the investigation that in addition to this the present applicant acquired around 42 decimals of land from Mitku Pahan (bhuinhari property) falling under Khata ....
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.... accused person Antu Tirkey is involved in acquisition of several other disputed properties. It is alleged that the above stated properties are Bhuinhari properties is illegal as the same are prohibited under CNT Act unless specific permission is obtained from the competed authority. 47. Investigation reveals that the present applicant creates disputes and litigations through his associates and later resolves and settles them for hefty amounts. In his statement dated 22.04.24, he has admitted about several cases in which he has acquired proceeds of crime in a similar manner i.e. in name of settlement of disputes. 48. Investigation reveals that the petitioner Anand Tirkey @ Antu Tirkey has used the bank accounts of family members to acquire proceeds of crime generated out of the above stated illegal land dealing activities. 49. Further as per the prosecution complaint where CDR analysis of mobile phones of the accused has been mentioned, the petitioner was in touch with co-accused Afsar Ali and as per para 9.45 of the supplementary prosecution complaint, the bank account scrutiny reveals that petitioner had transaction with co-accused Md. Saddam Hussain. 50. Thus, from a....
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....urt adverts in to facts of the instant case as discussed in preceding paragraph is of view that the contention of the learned counsel for the petitioner has no substance. 55. Further, the burden of proof is on the Petitioner until the contrary is proved, the same is observed in various judicial pronouncements and upheld in Vijay Madanlal Choudhary (2022) SCC Online 929. In Rohit Tandon v. Directorate of Enforcement, (2018) 11 SCC 46, the Supreme Court observed that the provisions of section 24 of the PMLA provide that unless the contrary is proved, the authority or the Court shall presume that proceeds of crime are involved in money laundering and the burden to prove that the proceeds of crime are not involved, lies on the appellant. 56. Further the offence of money laundering as contemplated in Section 3 of the PMLA has been elaborately dealt with by the three Judge Bench in Vijay Madanlal Choudhary (supra), in which it has been observed that Section 3 has a wider reach. The offence as defined captures every process and activity in dealing with the proceeds of crime, directly or indirectly, and is not limited to the happening of the final act of integration of tainted proper....
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....he Hon'ble Apex Court in the case of Rohit Tandon vs. Directorate of Enforcement (2018) 11 SCC 46 has held that the statements of witnesses recorded by Prosecution - ED are admissible in evidence in view of Section 50. Such statements may make out a formidable case about the involvement of the accused in the commission of the offence of money laundering 62. In the instant case, it has been found that during the course of investigation from the statements of witnesses recorded under Section 50 that the petitioner had indulged, knowingly as the party and is actually involved in all the activities connected with the offence of money laundering. 63. 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 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 and the process or activity connected with proceeds of crime is a continuing activity and continues till such time a person is directly o....
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....to be committed so as to attract the ingredients of Sections 3 & 4 of the P.M.L. Act, 2002, is totally misplaced in the light of accusation as mentioned in prosecution complaint. 67. Further, contention has been raised that a prosecution complaint against the petitioner has already been filed and, thus, investigation is complete and therefore, no purpose would be served in keeping the petitioner in judicial custody. 68. In the aforesaid context, it is settled position of law that the mere fact that investigation is complete does not necessarily confer a right on the accused/petitioner to be released on bail. 69. In the context of aforesaid contention, 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. 70. Further, it is settled proposition of law that the filing of charge-sheet 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. 71. At this juncture it would be apposite to refer the decision of Hon'ble Supreme Court rendered....
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....e of power conferred under Section 439 of Cr.P.C., apart from the twin conditions which has been provided under Section 45(1) of the Act, 2002. 77. This Court, based upon the imputation as has been discovered in course of investigation, is of the view that what has been argued on behalf of the petitioner that proceeds cannot be said to be proceeds of crime but as would appear from the preceding paragraphs, money has been transferred it into the account of the present petitioner by the co-accused. 78. The power of the Court to grant bail is further conditioned upon the satisfaction of the twin conditions prescribed under Section 45(1) (i) and (ii) PMLA. While undertaking this exercise, the Court is required to take a prima facie view on the basis of materials collected during investigation. The expression used in Section 45 of PMLA are "reasonable grounds for believing" which means that the Court has to find, from a prima facie view of the materials collected during investigation that there are reasonable grounds to believe that the accused has not committed the offence and that there is no likelihood of him committing an offence while on bail. Recently, in Tarun Kumar v Assis....
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....th cases involving economic offences. The principles that were summarized in this judgment is extracted hereunder: "21. The jurisdiction to grant bail has to be exercised on the basis of the well-settled principles having regard to the facts and circumstances of each case. The following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment in the case of conviction and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses or apprehension of threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character, behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations." 81. This Court on the basis of aforesaid discussions, factual aspects as also the legal position is of the view that there is no reason to believe by this Court that the petitioner is not involved in managing the mo....
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..... 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 High Court to scrutinise every aspect and not capriciously record that the second respondent is entitled to be admitted to bail on the ground of parity. It can be stated with absolute certitude that it was not a case of parity and, therefore, the impugned order [Mitthan Yadav v. State of U.P., 2014 SCC OnLine All 16031] clearly exposes the non-application of mind. That apart, as a matter of fact it has been brought on record that the second respondent has been charge-sheeted in respect of number of other heinous offences. The High Court has failed to take note of the same. Therefore, the order has to pave the path of extinction, for its approval by this Court would tantamount to travesty of justice, and accordingly we set it aside. 26. Another aspect of the case which needs emphasis is the manner in which the High Court has applied the principle of parity. By its two orders both dated 21-12-2020 [Pravinbhai Hirabhai Koli v. State of Gujarat, 2020 SCC OnLine Guj ....
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....e 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 committed in favour of any individual or a group of individuals, or a wrong order has been passed by a judicial forum, others cannot invoke the jurisdiction of the higher or superior court for repeating or multiplying the same irregularity or illegality or for passing similar wrong order. Article 14 is not meant to perpetuate the illegality or irregularity. If there has been a benefit or advantage conferred on one or a set of people by any authority or by the court, without legal basis or justification, other persons could not claim as a matter of right the benefit on the basis of such wrong decision." 88. Now this court is adverting into facts of instant to decide the issue of parity in the backdrop of aforesaid settled legal ratio and further taken into consideration the aforesaid settled position of law, thinks fit to refer herein distinguishable facts in the case of present petitioner to that the case of co- accused and petitioner of B.A no.4892 of 2024. 89. This Court in order to verify the applic....
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....y the Hon'ble Apex court in the case of Y. S Jagan Mohan Reddy v/s C. B. I., reported in (2013) 7 SCC 439. For ready reference, the relevant paragraphs of the aforesaid judgments are being quoted as under: " 34. Economic offences constitute a class apart and need to be visited with a different 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. " 94. Similarly, the Hon'ble Apex Court in case of Nimgadda Prasad Vs. C.B.I., reported in (2013) 7 SCC 466 has reiterated the same view in paragraphs- 23 to 25 which reads as under : " 23. Unfortunately, in the last few years, the country has been seeing an alarming rise in white-collar crimes, which has affected the fibre of the country's economic structure. Incontrovertibly, economic offences have serious repercussions on the development of the country as a whole. In State of Gujarat v. Mohanlal Jitamalji Porwal [(1987) 2 SCC 364 : 1987 SCC (Cri) 364] this Court....