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TMI Blog2015 (10) TMI 2579X X X X Extracts X X X X X X X X Extracts X X X X ..... to the interest of the prosecution; [c] surrender passport, if any, to the lower court within a week; [d] not leave State of Gujarat and Union territory of Delhi without prior permission of the Sessions Judge concerned; [e] mark presence with the respondent No.2 every Monday for a period of three months and thereafter on any day of the first week of each English Calendar month for a period of one year; [f] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court; The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. At the trial, the trial court shall not be influenced by the observations of preliminary nature, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said offence, it was found that the aforesaid four accused persons had entered into a partnership firm by oral understanding, namely, M/s. Maruti Ahmedabad, Partnership Firm to carry on illegal activities like cricket betting, Hawala etc. It was found that against those persons, other offences were registered for betting at Unjha of District Mehsana as well as Ahmedabad and Mumbai. It was alleged in the FIR that during the raid, different types of electronic gadgets were discovered and about 147 Mobiles were collected which were being used for betting. The Sim Cards which were being used by those persons, found to be forged and the same were collected in bogus names. It was also found that by creating bogus documents and forging signatures in the applications form, different Sim Cards were purchased and the same were used for cricket betting which is an illegal activity. 3.3 The Investigating Agency recorded the statement of the above referred accused persons and started further investigation. It was found that the present applicant as well as his brother, namely, Ritesh Bansal @ Bharat Delhi and another accused Mukesh @ Mukesh Delhi @ Mukesh Sharma who are resident of Delh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 2 (y) of the PMLA. He would submit that the only allegation made in the complaint against the present applicant who is accused No.6 in the complaint is that he was actively helping his younger brother Ritesh Bansal @ Bharat Delhi who is accused No.5 and who was in contact with those four accused. He would submit that as per his statements before the authority, some amount was delivered from a place where the family runs its business. His another brother has claimed for return of that amount which has been seized by the authority. He would submit that the applicant is maximum can be said to have been involved in betting which is not a scheduled offence and, therefore, the provisions of Section 45 of PMLA would not be applicable and other proceedings qua Code with regard to bail would be available. He would submit that he is not involved in any other offence punishable under PMLA in past. However, the offences under Gambling Act have been registered at Delhi in which he had been released on bail. 4.2 He would further submit that the investigation is over qua C.R. No.85 of 2015 registered with Kishanvadi Police Station wherein the applicant has not been made an accused. He woul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not have been prepared at the instance of those four accused. She would submit that the money found at the time of raid where the applicant was working, therefore, is a proceeds of crime and, therefore, the case falls under Section 3 of the PMLA Act. 5.2 She would submit that under Section 24 of PMLA, the burden of proof is upon the accused person to prove that the money received by him is untainted one. She would submit that the applicant accused has miserably failed in establishing that the money involved in the present complaint are untainted property. She, therefore, would submit that provisions of Section 45 of PMLA would be applicable and, therefore, unless the Court concludes that the applicant is innocent, he may not be released on bail. In support of her contention, she has relied upon the Division Bench decision of this Court dated 16.1.2015 rendered in Special Criminal Application (Direction) No.4496 of 2014 with Special Criminal Application No.4672 of 2014. She has also relied upon the decision of the coordinate Bench of this Court dated 31.7.2013 rendered in Special Civil Application No.4171 of 2012 with Special Civil Application No.1059 of 2012 wherein while dea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 (u) proceeds of crime means any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property; 9. The scheduled offence defined under Section 2 (y) of the PMLA reads as under :- 2 (y) scheduled offence means - (i) the offences specified under Part A of the Schedule; or (ii) the offences specified under Part B of the Schedule if the total value involved in such offences is thirty lakh rupees or more; or] (iii) the offences specified under Part C of the Schedule; 10. In view of the above, if the Schedules to the Act are perused, the applicant is not charged with any of the offences punishable under PMLA referred in the Schedule. It is pertinent to note that the applicant is facing charge only for the offences punishable under PMLA and is not the accused wherein the allegations of cheating, forgery etc. have been made against other accused which are scheduled offence. Therefore, there might be some illegal activities committed by the applicant i.e. with regard to cricket betting, but in my prima facie opinion, the said income would not be covered unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicant is to be declared as not guilty of such offence at the time of dealing with an application for bail. 14. Under Section 45 (2) of PMLA, the other provisions of the Code would be applicable and, therefore, the case is to be dealt with accordingly. Therefore, I am dealing with the same. As far as the allegations levelled against the present applicant are concerned, I have gone through the statement of the applicant himself. It appears that he was assisting his brother who was dealing with the cricket betting though he might be deciding or circulating the bhav (rate). The investigation is almost over and on completion of investigation, the present complaint has been filed by the authority. I have also considered the fact that the maximum punishment is of 7 years and, therefore, the case of the applicant can be considered by imposing certain conditions. In my view, the judgments relied upon by Ms. Patel would not be applicable to the facts of the present case. 15. I have gone through the unreported decision dated 5.10.2015 passed by the coordinate Bench of this Court (Coram :- Hon'ble Ms. Justice Harsha Devani) in the case of Afroz Mohmad Hasanfatta v. Deputy Directo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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