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TMI Blog2018 (12) TMI 1247X X X X Extracts X X X X X X X X Extracts X X X X ..... that the applicant does not deserve to be granted bail. The bail application is accordingly rejected. However, taking into account the order of the Apex Court, it is directed that the applicant shall not be arrested till 10.1.2019 in order to enable her to avail the remedy before the appropriate forum, if she further wants to seek, failing which the trial court is at liberty to take coercive action against her to secure her presence if she does not surrender before the trial court after 10.01.2019. X X X X Extracts X X X X X X X X Extracts X X X X ..... on 50 of the PML Act 2002 on 17.5.2016 in which when asked whether he knew Pradeep Garg, M.D., NKG Infrastructure, he responded by saying that he knew him for last 8-10 years as Chartered Accountant and he had provided his company Countrywide Holdings Pvt. Ltd. Rs. One core for purchase of equity shares. He was given this money in his company's account with South India Bank Ltd., Nirman Vihar, Delhi, A/c No.420073000000603. He further responded that he had given the said amount for investment in shares in M/s. Countrywide Holdings Pvt. Ltd., the same amount was invested in equity share and that he did not have any written agreement with Pradeep Garg for investment of Rs.one crore in equity share. Further on being enquired from him as to whether he had given a loan of ₹ 50,00,000/- to M/s. Kusum Garments Pvt.Ltd. from his company Countrywide Holdings Pvt. Ltd. after getting Rs. One core from Pradeep Garg, he answered in affirmative and also denied that there was no loan agreement between the Countrywide Holdings Pvt. Ltd. and M/s. Kusum Garments Pvt. Ltd. about loan of Rs.One crore. 6. In statement made by Mohan Lal Rathi under section 50 PML Act when he was asked to give bre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In subsequent paragraph of the complaint it was mentioned that the details of bank account of the applicant firm were procured from, Oriental Bank of Commerce and it came to light that her firm had ₹ 20,400/- in its account as on 06.04.2016. In paragraph no. 34.9 of the complaint, property of the said firm has been detailed which shows that as per letter dated 4.5.2016, the applicant was allotted one thousand sq. Meters of industrial plot no., H-60, Sector 63 on 09.07.2003, premium of which was ₹ 22,12,350/- per month. In subsequent paragraph no., 34.10 of the complaint, financial analysis of M/s. Kusum Garments Pvt. Ltd. has been given in detail and thereafter in paragraph no. 35 it is mentioned that the CBI found total loss amounting to ₹ 19.42 crores caused to the Noida Authority which resulted in illegal gain of the same amount to three companies viz. M/s. Tirupathi Construction Company, M/s. NKG Infrastructure and M/s. JPS Construction Pvt. Ltd. illegally in the mode and manner, as a result of criminal activity, as has been mentioned in the charge-sheet filed by the CBI. It was further revealed that M/s. NKG Infrastructure had transferred ₹ 50,00,000/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt matter while son of co-accused Sunny Yadav's bail was rejected. However, he was granted ten days further time to approach the Apex Court if he so wanted to seek further relief. 9. It is further contended that the applicant participated in the investigation throughout and was never arrested. The charge-sheet was submitted on 15.03.2016 but the applicant was not produced in custody. She is house wife, aged about 55 years suffering from multiple life threatening disease as her one infected kidney was removed in the year 2012 by surgery and she is having history of Arthritis, hyper tension, acute vertigo, acute urinary tract infection, nausea, reduced appetite and depression with panic attacks and remains under regular supervision and medical check up. She remained hospitalized from 06.06.2016 to 09.06.2016 due to severe depression and in the year 2017 she was admitted to NEO Hospital Noida from 10.08.2017 to 11.08.2017 and was diagnosed with acute vertigo and some other ailments which has been mentioned above. Reliance is also placed by the learned counsel for the applicant upon the judgment of the Apex Court in the of Gurbaksh Singh Sibbia vs. State of Punjab (1980) 2 SCC 565 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tara Chand Shah vs. Union of India and others (2018) 11 SCC 1 being found manifestly arbitrary. Therefore, now it is no longer necessary for the court to be satisfied that there are reasonable ground to plead that the accused seeking bail is not guilty of such offence and that he is not likely to commit any offence while on bail. 13. Further the counsel for the applicant has argued that though the order under challenge has been passed by the District and Seasons Judge, Lucknow in the present case which district lies in the jurisdiction of Lucknow Bench of this Court but in view of judgment of this Court in Paritosh Kumar vs. Union of India through CBI ABC passed in an application U/S482 Cr.P.C. No.7681 of 2012 by Full Bench, the jurisdiction lies at Allahabad because the offence has taken place in district Gautambudh Nagar (Noida) which falls in territorial jurisdiction of Allahabad High Court. In the said judgment it was decided that the territorial jurisdiction of two Benches of Allahabad High Court has to be determined in view of First Proviso to Section 14 of the Amalgamation Order 1948 as interpreted in the case of Nasiruddin vs. State Transport Appellate Tribunal (1975) 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or her statement under section 50 of the said Act, she did not appear which shows her intentions to be otherwise. The evidence under section 50 of PML Act is admissible in evidence. Therefore, the offence of Money Laundering Act is established beyond reasonable doubt against the applicant and therefore, learned Seasons Judge has taken cognizance in the matter correctly. Further, it is mentioned that the applicant did not appear before the trial court in pursuance of the summons issued to her within time and she is an influential lady in terms of money and muscle power and there is a reasonable apprehension that she may tamper with investigation. The investigation is still going on. The offence against the applicant falls under the category of economic offence which stands on a graver footing. If she is released on bail that would affect the community at large and also jeopardize the economy of the country and accordingly, keeping in mind the nature and gravity of offence, bail application should be rejected. 15. In compliance with the order of this Court dated 31.10.2018, a Medical Board was constituted for submitting its report with regard to medical condition of the applicant an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y which resulted in illegal gain of the same amount to three companies viz M/s. Tirupati Construction Company, M/s. NKG Infrastructure and M/s. JSP Construction Pvt. Ltd. in the mode and manner as a result of criminal activity and it came into light that M/s. NKG Infrastructure had transferred ₹ 50,00,000/- to M/s. Kusum Garments Pvt. Ltd., a company owned by the applicant and this amount was found to be proceeds of crime in terms of section 2(1) (u) of PML Act. Therefore, we find that there appears to be a clear role of the applicant in assisting her husband who is main accused in getting his ill gotten money turned into white accounted for money through means of her company. Her pretext that she is only a house wife who has hardly studied upto intermediate was totally inactivate in running day-to-day affairs of the company, does not appear to be a genuine defence. It also emerged that she had taken aid of well qualified Chartered Accountants who were assisting her and her husband Yadav Singh both, therefore possibility cannot be ruled out of her involvement. The offence appears to be of great magnitude which falls in the category of financial scam. The Apex Court in State o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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