2021 (8) TMI 1406 - HC - Money Laundering

Grant of bail - issue of forged cheques - entire case is based on documentary evidence which have already been seized by the police, therefore, there is no question of tempering with any evidence - HELD THAT - Prima facie, there are glaring irregularities and illegalities in the purchase of the land belonging to the society by the present applicant in a criminal conspiracy with unauthorised persons. It is not in dispute that the entire sale-consideration was not paid at the time of execution of the sale-deed , eve till date and thereafter the applicant has mortgaged the land in question and took the loan of Rs.7.5 Crores and the same has also not been repaid. In the city of Indore, the local administration is trying hard to get the lands released from the hands of land mafias. Several hardcore land mafias have been arrested by the police by registering FIRs against them. The administration is making all efforts for the release of the lands to innocent purchasers and members who have invested their hard-earned money with a dream to construct a house . In the present case, if the applicant is released on bail, it will give setback to the efforts which are being done by the Government as well as the local administration for release of the land in favour of members of the society. This is not a fit case for grant of bail to the applicant at this stage - bail application dismissed.

Issues involved:
1. Repeat bail application under Section 439 of Cr.P.C.
2. Seriousness of allegations including sections 406, 420, 467, 468, 471, 120B of the IPC.
3. Arrest of co-accused, completion of investigation, and filing of charge-sheet.
4. Documentary evidence and need for custodial interrogation.
5. Bail plea based on being a bona fide purchaser, civil suit filed, and comparison with similar cases.
6. Opposition citing multiple complaints, criminal conspiracy, irregularities in land purchase, and impact on local administration efforts.
7. Consideration of earlier judgment, lack of new material post-charge sheet, irregularities in land purchase, and impact on local administration efforts.

Analysis:
1. The judgment pertains to a repeat bail application under Section 439 of Cr.P.C. by the applicant who is in custody for offenses under various sections of the IPC. The first application was dismissed on merit.
2. The prosecution alleges a criminal conspiracy involving the applicant in the illegal purchase of society land. The FIRs detail irregularities in land transactions, including forged documents and non-payment of sale consideration.
3. The applicant's counsel argues for bail citing completion of investigation, charge-sheet filing, and no need for custodial interrogation. Co-accused are arrested, and the case relies on seized documentary evidence.
4. The defense asserts the applicant's status as a bona fide purchaser, with a civil suit filed for cancellation of the sale deed. Comparison with similar cases is made to support the bail plea.
5. The opposition highlights multiple complaints, criminal conspiracy, irregularities in land purchase, and the impact on local administration efforts to combat land mafias.
6. The judge considers the seriousness of allegations, lack of new material post-charge sheet, irregularities in land purchase, and the potential setback to local administration efforts if bail is granted.
7. Ultimately, the repeat bail application is dismissed based on the earlier judgment, glaring irregularities in the land purchase, and the potential adverse impact on local administration efforts to combat land mafias and protect innocent purchasers.

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