TaxTMI 
TaxTMI 
2025 (10) TMI 270
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....ith ECIR Case No. 01/2023 arising out of ECIR-RNZO/18/2022 registered under Sections 3 and 4 of the Prevention of Money Laundering Act 2002 (hereinafter referred to as PMLA, 2002) pending in the court of learned Additional Judicial Commissioner-I, Ranchi. 3. The prosecution case in brief is that ECIR bearing no. 18/22 was recorded on the basis of an F.I.R being Bariyatu P.S. Case No. 141/2020 against Pradeep Bagchi on the basis of complaint of one Dilip Sharma, Tax Collector, 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 w....
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....en submitted by Mr. Naveen Malhotra, learned Senior Counsel for the petitioner that the prosecution has to examine 31 witnesses and has to exhibit a large number of documents from which it could be gathered that there is no probability of the trial being concluded in the near future. The petitioner has been incarcerated in judicial custody since 14.04.2023. It has been submitted that charge sheet has not been filed in the predicate offence and the petitioner cannot be convicted till the predicate offence reaches its logical conclusion. Learned counsel has relied upon the case of V. Senthil Balaji versus Deputy Director, Directorate of Enforcement reported in 2024 SCC Online SC 2626. It has been submitted that the view taken in the case of V....
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....proceeds of crime so far as the petitioner is concerned is demonstrated at Para 8.9 of the prosecution complaint. The accused Dilip Kumar Ghosh though has been granted bail but his role was limited to that of being the purchaser of the illegally acquired property. Mr. Das has submitted that the prayer for bail of several accused persons have been rejected by this Court in B.A. No. 638 of 2025, B.A. No. 10272 of 2024 and B.A. No. 9247 of 2023. 6. In the case of V. Santhil Balaji versus the Deputy Director, Directorate of Enforcement (Supra), it has been held as follows: "26. There are a series of decisions of this Court starting from the decision in the case of K.A. Najeeb, which hold that such stringent provisions for the grant ....
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.... Another important consideration is the higher threshold or stringent conditions which a statute provides for the grant of bail. Even an outer limit provided by the relevant law for the completion of the trial, if any, is also a factor to be considered. The extraordinary powers, as held in the case of K.A. Najeeb2, can only be exercised by the Constitutional Courts. The Judges of the Constitutional Courts have vast experience. Based on the facts on record, if the Judges conclude that there is no possibility of a trial concluding in a reasonable time, the power of granting bail can always be exercised by the Constitutional Courts on the grounds of violation of Part III of the Constitution of India notwithstanding the statutory provisions. Th....
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.... not likely to be completed in three to four years or even more. If the appellant's detention is continued, it will amount to an infringement of his fundamental right under Article 21 of the Constitution of India of speedy trial." 7. In the case of Union of India versus K. A. Najeeb reported in (2021) 3 SCC 713, it has been held as under:- "17. It is thus clear to us that the presence of statutory restrictions like Section 43-D(5) of the UAPA per se does not oust the ability of the constitutional courts to grant bail on grounds of violation of Part III of the Constitution. Indeed, both the restrictions under a statute as well as the powers exercisable under constitutional jurisdiction can be well harmonised. Whereas at comme....
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....ce. He was also knowingly involved and was actually a party in acquiring proceeds of crime by selling illegally a land admeasuring 3.81 acres situated at Plot no. 891, 893 and 903, Khata no. 256, Bargain, Ranchi. The accused was also a party with the accused no. 8 and both of them were director of a company F2R Constructions Pvt. Ltd. through which both of the accused persons carried huge transactions with the accused Talha Khan @ Sunny. The accused operated a firm in name of Green Traders and carried number of transactions with other accused persons and his associates for laundering proceeds of crime acquired by illegal sale of landed properties. Hence, the accused person was knowingly a party with the other accused persons and was actu....