2024 (10) TMI 1724

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...., Mr. Shivaditya Dhari Sinha, AC to ASG (In Criminal Miscellaneous No. 31849 of 2024) For the Petitioner/s : Mr. Vishal Kumar For the Opposite Party/s : Dr Krishna Nandan Singh (ASG), Mr. Tuhin Shankar (In Criminal Miscellaneous No. 41876 of 2024) For the Petitioner/s : Mr. Ajit Kumar. For the Opposite Party/s : Dr Krishna Nandan Singh (ASG). CAV ORDER I have already heard the learned counsels for the petitioners and learned counsel for the Enforcement Directorate. 2. These are applications for regular bail on behalf of the petitioners for the offences alleged under Sections 120B, 409, 420, 467, 468 and 471 of the Indian Penal Code and Sections 13(2)/13(1)(d) of the Prevention of Corruption Act in connec....

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....d counsel for the petitioners submitted that they are renewing their prayer for bail on two grounds: (i) delay in trial and (ii) they have suffered incarceration for a period more than one-third of the maximum punishment, as prescribed under Section 4 of Prevention of Money Laundering Act, 2002 (for short 'the PMLA'). It has been submitted that the Hon'ble Supreme Court in the case of 'In Re-INHUMAN CONDITIONS IN 1832 PRISONS (Writ Petition (Civil) No. 406/2013)' has directed the Jail Superintends for immediate implementation of Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the Sanhita'). The Hon'ble Supreme Court directed the Superintendent of Jails across the country to process the applications of under-tria....

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....uation of his incarceration for more than one-half, the Court can reject the bail application. The reason for rejection of the bail application has already been discussed in the above-noted rejection orders of the co-ordinate Bench of this Court. The Hon'ble Supreme Court has also dismissed the special leave petition. 9. The money laundering offence, which creates a serious threat to the national economy and national interest adversely affects the economic interests of the society. The economic offences having deep-rooted conspiracies and involving huge loss of public funds needs to be viewed seriously. I am of the considered view that, in such cases, the petitioners should not be given the benefit of Section 479 of 'the Sanhita' or Sect....

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....irst attempt for grant of bail. She is daughter-in-law of the kingpin of the scam late Manorama Devi. After the death of Manorama Devi in February, 2017, she became her successor and continued till August, 2017 till lodging of the FIR. 13. As per allegation, the office-bearers of 'the SMVSSL') in conspiracy with the officers/officer bearers of the Indian Bank, Bank of Baroda and with the officials of the State Government and others illegally transferred and misused huge public fund from the bank accounts of the State Government in fraudulent manner for personal gains. The petitioner and other co-accused persons acquired huge proceeds of crime by commission of offence punishable under Sections 420/437/471/120B of the Indian Penal Code, Se....

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....arahpur, Thana Eshakchak, Anchal Jagdishpur, RO & District Bhagalpur, ward 25(old), 23 (new) (Area= 355 Sq Feet) worth Rs. 1,45,000/-. (c) Khata No. 421, Khesra No. 2596, Rakba 1620 Sq Feet at Mohalla Barahpur, Thana Eshakchak, Anchal Jagdishpur, RO & District - Bhagalpur, Ward No. -10/25 ward 33(new), Holding No. 124A, Jamabandi No. 4316 (Area 1620 Sq Feet) worth Rs. 9,60,000/-. (d) Khata No. 409, Khesra No. 655, Rakba 1240 Sq Feet Mauja Fatehpur, Thana Sabour, SR & District Bhagalpur, Thana No. 23, Halka No. 1, Jamabandi No. 414 (Area =1240 Sq Feet) worth Rs. 16,00,000/-. (e) Flat No. 307, 3rd Floor, Krishna Dham Apartments, At- Off Central Ja....