2025 (5) TMI 2232

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....IR No. JPZO/03/2023, registered for the offence punishable under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'the PMLA'). 2. It is contended by learned counsel for the petitioner that the petitioner was arrested on 24.07.2024, and the twin conditions prescribed under Section 45 of the PMLA are not applicable in the present case as the accused is a woman. In support of his submission, the learned counsel has relied on the judgment passed by the Hon'ble Supreme Court in the case of Shashi Bala v. Directorate of Enforcement, SLP (Criminal) No. 16260 of 2024, dated 15.01.2025. 3. It is also contended that the petitioner has been in custody for more than eight months. The complaint relies on....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y generated in December 2022. Similarly, the property purchased on 15.07.2022 through a registered sale deed, annexed as Annexure 4, demonstrates that Rs. 35 lakhs were paid. The oral evidence contrary to the terms of a registered sale deed is expressly barred and rendered inadmissible under Section 91 of the Indian Evidence Act, 1872. Both the properties were acquired before the alleged generation of proceeds of crime and, therefore, cannot be connected with the offence in question. It is also contended that in Vijay Madanlal Choudhary v. Union of India (2023) 12 SCC 1, the Hon'ble Supreme Court construed the expression "proceeds of crime" to mean property obtained "as a result" of criminal activity relating to a scheduled offence. The pet....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ce under Section 3 of the PMLA. It is further contended that the scope of Section 3 extends to a person who, directly or indirectly, attempts to indulge in or assist in the generation of proceeds of crime. It is also contended that during the investigation of the predicate offence, the Investigating Agency surfaced that the petitioner, Anita Kumari, had purchased two plots and received Rs. 65 lakhs from Anil Kumar Meena @ Sher Singh. The predicate agency also recovered an agreement in which it was explicitly mentioned that Anil Kumar Meena paid Rs. 35 lakhs @ Sher Singh. The investigation further reveals that the petitioner, Anita Kumari, was in regular contact with Anil Kumar Meena @ Sher Singh during the period of the paper leak crime. An....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he PMLA. The Three-Judge Bench of the Hon'ble Apex Court in the matter of Preeti Chandra (Supra) observed that the proviso to Section 45 of the PMLA is discretionary and that the statutory provision does not imply that the accused must necessarily be released on bail. A similar view was reiterated by the Hon'ble Apex Court in Saumya Chaurasia (Supra). 9. Thus, the aforementioned position of law makes it clear that the discretion lies with the Court. Thus, the petitioner is not entitled to bail on that ground alone. 10. In the present case, the petitioner was employed as Deputy Manager at SBI Kohinoor Branch, Jaipur. The petitioner was arrested on 02.04.2023 concerning the paper leak related to the Teacher Grade-II Examination, 2022. I....