9911796707
TMI Blog2015 (4) TMI 1162X X X X Extracts X X X X X X X X Extracts X X X X ..... ion with regard to the satisfaction of this Court under Section 45 of the PML Act, is as noted above. For this reason, that aspect is not gone into by this Court. So far the authorities cited by learned senior advocate for the applicant are concerned, there can not be any dispute with regard to the proposition of law enunciated therein, however none of the authorities can be substitute to the satisfaction to be recorded by this Court as required under Section 45 of the PML Act, as noted above, and the said satisfaction needs to be recorded on the facts and it can not be a question of law. This application is dismissed. - CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO. 4415 of 2015 - - - Dated:- 13-4-2015 - HONOURABLE MR.JUSTICE PARESH UPADHYAY MR YOGESH LAKHANI, SENIOR ADVOCATE WITH MR RJ GOSWAMI, ADVOCATE FOR THE APPLICANT MR DEVANG VYAS, ASSISTANT SOLICITOR GENERAL, MR L.B.DABHI, APP FOR THE RESPONDENT CAV ORDER 1. This is an application for anticipatory bail. 2. The applicant is accused of having committed offence under Section 3 of the Prevention of Money Laundering Act, 2002 (for short 'PML Act'), punishable under Section 4 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oes satisfy those parameters as well, in the present case and therefore this Court may record satisfaction as required under Section 45 of the PML Act and grant the protection, as prayed for. Reliance is placed on the following decisions to submit that, anticipatory bail be granted. (1) Decision of the Hon'ble the Supreme Court of India in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273. (2) Decision of this Court in the case of Kottam Raju Vikram Rao Vs. State of Gujarat reported in 1977 GLR 107. (3) Decision of this Court in the case of Solanki Ravibhai Dipubhai Versus State of Gujarat reported in 1992 (1) GLR 631. 5. On the other hand, Mr.Devang Vyas, learned Assistant Solicitor General has vehemently opposed this application. It is submitted that the applicant is accused of having committed offence under Section 3 of the PML Act. It is submitted that, in the present case, there is ample material to hold that the applicant has committed the offence and in any case this is not the stage when the Court would record satisfaction as required under Section 45 of the PML Act. Learned ASG has taken this Court through the contents of two affidavi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctor; or [ii] any officer of the Central Government or a State Government authorised in writing in this behalf by the Central Government by a general or special order made in this behalf by that Government. [1A] Notwithstanding anything contained in the Code of Criminal Procedure, 1973, [1973 (2 of 1974], or any other provision of this Act, no police officer shall investigate into an offence under this Act unless specifically authorized, by the Central Government by a general or special order, and, subject to such conditions as may be prescribed. [2] The limitation on granting of bail specified in sub-section (1) is in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail. 6.2 In view of the above provision, this Court need to arrive at the satisfaction that (i) there are reasonable grounds for believing that the applicant is not guilty of the offence, he is charged with, and further that (ii) he is not likely to commit any offence while on bail. 6.3 So far the second part i.e. likelihood of not committing any offence while on bail is concerned, there is substantial force ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly to commit such offences while on bail. The above two conditions are of course subject to two unnumbered provisos viz. that a person under the age of sixteen years or is a women or is sick or infirm, may be released on bail, if the special court so directs and further that Special Court shall not take cognizance of any offence punishable under section 4 except upon a complaint in writing made by authorized person. Thus, when the situation arises about legality and validity of the complaint whether filed by the authorized officers / authorities or not can be considered at the time of taking cognizance of offence under PML Act by the Special Court. However, limitations of granting of bail specified in sub-section (1) is in addition to the limitation under the Code of Criminal Procedure, 1973 or any other law time being in force for grant of bail. 10.13 Thus, if the accused person succeeds in satisfying the designated court / special court for believing that reasonable grounds exist that the accused person is not guilty of such offence and while on bail he is not likely to commit any offence in spite of opposition by the public prosecutor, no restriction is put upon orders of Spe ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
