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TMI Blog2020 (1) TMI 557X X X X Extracts X X X X X X X X Extracts X X X X ..... accused are on bail. Only accused 35 Christian Michel James is in judicial custody who was extradited from abroad - It is pertinent to mention here that learned Solicitor General during arguments handed over some documents, however, not in the sealed cover and without furnishing the same to the counsel for the respondent. Since these documents are not in sealed cover and not furnished to the counsel for the respondent, therefore, this Court has not perused the same and not relied upon. There is no ground made in the present petition to interfere with the impugned order whereby learned Special Judge has granted bail to the respondent - petition dismissed. - CRL.M.C. 6466/2019 & Crl.M.A.42700/2019 - - - Dated:- 14-1-2020 - MR. SURESH KUMAR KAIT J. Petitioner Through: Mr. K.M. Nataraj, ASG with Mr.Amit Mahajan, CGSC Respondent Through: Mr. Kapil Sibbal, Mr. Abhishek Manu Singhvi, Mr. Vikas Pahwa, Sr. Advs. with Mr. Vijay Aggarwal, Mr. Mudit Jain, Mr. Ayush Jindal, Ms. Barkha Rastogi, Mr. Deepanshu Choithani, Mr. Vafee Haider, Mr. Varun Chopra, Mr. Sumer Bopari, Mr. Ansh Kukreja, Mr. Yugant Sharma, Mr. Hardik Sharma, Mr. Akshay Gadeock, Mr. Rudrashish Bh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Prosecution complaint arraying various other Accused was filed and process was issued against the said Accused on 24.07.2018, while further investigation continued. 5. The Accused Christian Michel James was extradited from the UAE on 04.12.2018 and certain crucial aspects of the case came to light after his arrival, Thereafter, Rajiv Saxena was deported from the UAE on 31.01.2019 and further investigation revealed certain crucial aspects of the case. 6. Accordingly, on 04.04.2019, 4th Supplementary Prosecution Complaint was filed before the Ld. Special Judge against various Accused persons, on which process was issued, while further investigation continued. 7. Thereafter, 5th Supplementary Prosecution Complaint was filed before the Ld. Special Judge on 22.05.2019 against various Accused persons, on which process was issued, while further investigation continued, including against the Respondent herein. 8. Further case of the petitioner department is that prior to the deportation of Rajiv Saxena, though there were apprehensions of the involvement of the Respondent herein, summons were served on the Respondent to investigate into the matter and p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llation of the NBWs against the Respondent was also dismissed by the Ld. Special Judge (PMLA) vide order dated 21.08.2019. Thereafter, the Respondent was arrested by the Petitioner in the instant case on 04.09.2019. Even after his period of ED remand, the Respondent was interrogated in Tihar Jail on 22.10.19, 23.10.19, 31.10.19 after seeking permission from the Ld. Special Judge. 10. Thereafter, 6th Supplementary Prosecution Complaint was filed by the Petitioner on 02.11.2019 and the Ld. Special Judge was pleased to issue process against the Respondent and others vide order dated 02.11.2019, while further investigation continued. The said Prosecution Complaint duly highlighted the role of the Respondent in the commission of the offence of money laundering and further investigation is still ongoing. 11. Learned Additional Solicitor General further argued that clinching evidence has come on record to show the complicity of the Respondent in the instant case. Investigation has revealed that the Respondent has made all possible attempts to influence/intimidate the witnesses in the investigation and hamper the investigation of the instant case, apart from the destructi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arious point of time, but the same have not been received till date. His answers to basic question were contrary to the records of the case. One such instance of the same pertains to the email ids [email protected] and [email protected] , wherein the Respondent denied any association with the said email ids, but when confronted with emails wherein his footprints were evident, he recalls such transactions, while conveniently ignoring the other transactions. The said emails belong to the Respondent, as has been revealed by various independent sources and forms part of the Prosecution complaint and the same have been used in laundering the proceeds of crime. 15. Further, the Respondent has deleted the emails and the email ids of the nokia Samsung accounts, to thwart the investigation herein. During investigation, another email id of the Respondent came to light; i.e. [email protected], which email id has also been deleted on 14.02.2019, post the deportation of Rajiv Saxena, in a clear attempt to thwart the effective investigation of the case. It has also revealed that the Respondent has deleted another email id [email protected] on 23.04.2019 after th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inked to the laundering of the proceeds of crime generated in the case. Moreover, investigation is at a very crucial stage where the role of his accomplices/aides is being examined to derive the end use and the last mile connectivity of the money trail. Certain witnesses who have been identified, both in India and abroad, are in the process of being examined. Thus, there is a every likelihood that the Respondent may influence the witnesses, tamper with the evidence and hamper with the investigation of the said case, especially in light of his past conduct. There is further a reasonable apprehension of crucial evidence being destroyed, as seen by the past conduct of the Respondent, which facts are in his personal knowledge. 18. Accordingly, in view of above facts, the learned Additional Solicitor General argued that investigation in the present case is still going on. The release of the Respondent on bail would adversely affect further investigation to unearth the deep-rooted multi-layered conspiracy and to identify all his accomplices and aides involved in the instant case, especially keeping in mind the nature of the case, severity of allegations and voluminous evidence o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... concerned foreign entities, received proceeds of crime directly from Interstellar Technologies Limited and he had received funds from both the chains of money laundering involved in the present case. The accused, using the guise of shell companies in the name of others, accumulated proceeds of crime, which have been parked and later laundered to reach the desired beneficiaries including the accused amongst other. As per ED, the proceeds of crime has been deposited in the accounts of different companies owned by accused. As per allegations, the respondent Ratul Puri is a key link to unearth the modus operandi adopted by-other accused persons and to determine last mile connectivity of the proceeds of crime in the instant case. As per ED, the diary of Sushen Mohan Gupta and emails recovered from Rajiv Saxena shows that accused was in receipt of proceeds of crime. 21. Further argued that petitioner/Enforcement Directorate filed its main complaint in November, 2014 and thereafter six Supplementary Complaints have been filed. However, the respondent has been named as an accused in the 6th supplementary complaint. The CBI has filed a final report in the above mentioned FIR and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Sheets, prepared by an auditor also cannot be relied upon in the absence of bank statements of M/s Global Services FZE/Global Oil Services. The witnesses examined by petitioner has given contradictory statements and thus rightly not relied upon by the learned Special Judge. There is nothing on record to show that proceeds of crime were from Interstellar Technologies Ltd. and travelled to respondent s company. The allegations made against the respondent in the complaint filed by petitioner are contradictory and self destructive and are not worthy of reliance. The petitioner has filed incomplete supplementary complaint just to defeat the right of bail of accused under Section 167 (2) Cr.P.C., however, not relied upon by the learned Special Judge. 24. In addition to above, respondent is having roots in society and is an Indian resident. There is no apprehension of his absconding. There is no likelihood of accused tampering with evidence. He is an alumni of Carnegie Mellon University, the Pittsburg bases global research university with a Bachelors Degree in Computer Engineer, Mathematics and Computer Sciences. He is the Chairman of Board of Directors of Hindustan Power Proje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... overwhelming circumstances are necessary for an order directing the cancellation of the bail, already granted. Generally speaking the grounds of cancellation of bail, broadly are interference or attempt to interfere with the due course of administration of justice or evasion or attempt to evade the due course of justice or abuse of the concession granted to the accused in any manner. The satisfaction of the Court, on the basis of material placed on the record of the possibility of accused absconding is yet another reason justifying the cancellation of bail. However, bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair trial to allow the accused to retain his freedom by enjoying the concession of bail during the trial. 29. Similar situation came up before this Court in case of Gayatri Devi Vs. State Ors. 2011 (126) DRJ 15 whereby this Court rejected the plea of the petitioner therein and not interfered with the impugned order whereby bail was granted after the respondent remained in jail for 45 days. 30. It is not in dispute that there are 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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