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2024 (3) TMI 77 - HC - Money LaunderingRejection of bail of the applicant - co-accused - Money Laundering - Proceeds of crime - scheduled offence - accusation is that the applicant has misused his authority as despite the land falling within CRZ- III in respect of which no permission could have been granted, the applicant knowingly proceeded to grant such permission - HELD THAT - The Special Court has observed that the role of the applicant is not of generating proceeds of crime as defined under section 2(1) (u) and laundering the same as per section 3 of the PML Act. It is further observed that it is not even the contention of ED that the applicant is beneficiary of proceeds of crime or recipient thereof. The Special Court recorded the contention that the applicant has not laundered the proceeds of crime. The Special Court then referred to paragraph 12.2 of the prosecution complaint where it is mentioned that during the applicant s tenure as Sub-Divisional Officer, Dapoli, the applicant misused his position and directly assisted in money laundering activities of accused Sadanand Kadam. In this context, it is important to note the observation of the trial Court that the role attributed to the applicant is that he had knowingly assisted the process of money laundering. The applicant Jayram Vinayak Deshpande be released on bail on his furnishing P.R. Bond of Rs. 1,00,000/- with one or more sureties in the like amount - Until the applicant- Jayram Vinayak Deshpande furnishes surety, he be released on cash security of Rs. 1 lakh along with PR bond - bail application allowed.
Issues Involved:
1. Application for bail under Section 439 of the Code of Criminal Procedure read with Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA). 2. Role and involvement of the applicant in the alleged money laundering activities. 3. Comparison of the applicant's role with that of co-accused No. 1, who has been granted bail by the Supreme Court. Summary: 1. Application for Bail: This is an application for bail under Section 439 of the Code of Criminal Procedure read with Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA) in connection with ECIR No. ECIR/MBZO-I/57/2022 registered with the Enforcement Directorate (ED), Mumbai Zonal Office-1. The applicant, accused No. 2, was arrested on 13/03/2023. 2. Role and Involvement of the Applicant: The applicant, during his tenure as Sub-Divisional Officer at Dapoli, allegedly misused his position by granting illegal permission for the conversion of agricultural land into non-agricultural land, knowing that the land fell within Coastal Regulation Zone-III, where new construction is strictly prohibited. The Special Court observed that the applicant's role was not in generating proceeds of crime or laundering the same but in "knowingly assisting" in the money laundering activities of accused No. 1, Sadanand Kadam. 3. Comparison with Co-accused No. 1: The co-accused No. 1 had been granted bail by the Supreme Court. The Supreme Court observed that the appellant (co-accused No. 1) is entitled to be enlarged on bail in accordance with Section 45(1)(ii) of the PMLA. The Special Court noted that the role of the applicant is much lesser compared to that of the accused No. 1, who was involved in generating proceeds of crime and money laundering. Judgment: The High Court allowed the bail application, noting that the role of the applicant is not of generating proceeds of crime and laundering the same. The applicant was granted bail on furnishing a P.R. Bond of Rs. 1,00,000/- with one or more sureties in the like amount. The applicant is required to deposit his passport with the Registrar(S) of the trial Court and not leave India without prior permission. The applicant must not pressurize prosecution witnesses, tamper with evidence, and must cooperate with the investigation. The request to stay the operation of the order was rejected.
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