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TMI Blog2015 (10) TMI 2582X X X X Extracts X X X X X X X X Extracts X X X X ..... horities 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, qua the evidence at this stage, made by this Court while enlarging the applicant on bail. - Criminal Misc. Application (For Regular Bail) No. 16555 of 2015 - - - Dated:- 20-10-2015 - A.J. DESAI J. Mr. Vikram Chaudhary, Senior Advocate Assisted By Mr. Sanjay Agarwal, Advocate With Mr. Hardik Modh and Mr. Digant M Popat, Advocates for the Applicants. Ms. Trusha K Patel, Advocate and Mr. J. K. Shah, App for the Respondents. ORDER 1. By way of the present application under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') read with Section 45 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llegal and contrary to the provisions of law. It was submitted that the applicant had filed an application under Section 482 of the Code before this Court being Special Criminal Application No.5014 of 2015 before filing of the present application. In the said petition, vide order dated 31.8.2015 passed by the coordinate Bench of this Court (Coram :- Hon'ble Mr. Justice J. B. Pardiwala), the said petition has been admitted and kept for further hearing. However, this Court has permitted the present applicant to file an application for bail before the appropriate Court. Hence, the present application. 5.1 Mr. Chaudhary has taken me through several provisions of PMLA as well as Code with regard to the powers of an Officer under PMLA and procedure to be followed by such Officers in case of a person arrested pursuant to lodgment of FIR under PMLA as well as under other offences. He has also made submissions with regard to provisions of PMLA comparing with the provisions of the Customs Act, 1962, Central Excise Act 1944, Railway Property (Unlawful Possession) Act, 1966 as well as Income Tax Act, 1961 and the language of similar provisions i.e. with regard to the powers of the Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l abide by all the conditions which may be imposed by this Court and, therefore, he may be released on bail. 6. On the other hand, learned Standing Counsel Ms. Trusha Patel appearing for the respondent No.2 original complainant has vehemently submitted that huge scam of Hawala to the tune of about ₹ 2500 Crores has come in light in the game of Cricket betting. The investigation till date carried out and record reveals that four accused had received and placed various bets from large number of bookies and punters amounting to ₹ 2500 Crores on different cricket matches played between 4.12.2014 till 19.3.2015 i.e. the date on which the farm house was raided and searched under the Foreign Exchange Management Act, 1999 for the ongoing ICC World Cup Quarterfinal match between India and Bangladesh. She has, therefore, resisted the application. 6.1 It was further argued by Ms. Patel that unless and until there is conspiracy between the applicant and other co-accused to project and/or claim the untainted property which has been received through cricket betting, false and fabricated Sim Cards could not have been prepared at the instance of those four accused. She would su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Section 439 of the Code. 7. I have heard learned advocates appearing for the parties. Since the applicant has already preferred an exhaustive application before this Court being Special Criminal Application No.5014 of 2015 and is entertained by the coordinate Bench of this Court and has been fixed for final hearing and the fact that now the complaint has already been lodged against the present applicant, I would not like to express any opinion on this part. The applicant has placed entire copy of the said Special Criminal Application along with all the annexures including several orders passed by different Courts as well as this Court in connection with the coaccused of the present transaction which I have gone through, but the same is not dealt with in view of the pendency of the substantive petition. 8. The four accused against whom FIR being C.R. No. I-85 of 2015 was lodged on 25.3.2015 at Kishanvadi Police Station, the present applicant is not implicated as an accused. For the ready reference and for appreciating the arguments advanced by learned advocates for the respective parties, certain provisions of the PMLA Act are reproduced herein below :- 9. Sections 3 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are scheduled offences. 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 under the definition of proceeds of crime. 13. Section 45 of PMLA reads as under :- 45. Offences to be cognizable and nonbailable - (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no person accused of an offence punishable for a term of imprisonment of more than three years under Part A of the Schedule shall be released on bail or on his own bond unless - (i) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (ii) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: Provided that a person who is under the age of sixteen years or is a woman or is sick or infirm, may be released on bail, if the special court so directs: Provided further that the Special Court shall not take cognizance of any offence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No.4247 of 2015 which petition was entertained by the Division Bench of this Court and it was declared that he has been illegally detained and the said decision is confirmed by the Hon'ble Supreme Court in Special Leave to Appeal (Criminal) No.13552 of 2015. 19. I have also considered the decision in the case of Rakesh Manekchand Kothari rendered in Special Criminal Application No.4247 of 2015 as well as the decision in the case of Afroz Mohmad Hasanfatta (Supra) wherein it has been specifically held that if the accused is facing charge of a scheduled offence under PMLA, the rigours would be applicable and otherwise, the case can be considered according to the Code of Criminal Procedure. 20. I have also considered the allegations levelled against the present applicant and also gone through the statements produced by learned advocate Ms. Trusha Patel. Prima facie, it appears that he was knowing some of the co-accused. However, there is no direct link between the other accused who were found with forged Mobile Sim cards. It is not the case that 8 Mobile phones which were being used by the applicant are collected on some forged material. It is also pertinent to note that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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