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TMI Blog2019 (2) TMI 1896X X X X Extracts X X X X X X X X Extracts X X X X ..... itled to be released on bail. In view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the applicant has been released on bail by Honble Supreme Court in schedule offences, without expressing any opinion on the merits of the case, the applicant has made out a case for bail - Bail application allowed. - BAIL No. - 7566 of 2018 - - - Dated:- 28-2-2019 - Hon'ble Mohd. Faiz Alam Khan, J. For the Appellant : Chakravarty, Anuuj Taandon For the Respondent : A.S.G.,Shiv P. Shukla ORDER Heard learned counsel for the accused-applicant and learned counsel for Union of India Shri Shiv P. Shukla as well as perused the record. This bail application has been moved on behalf of the accused-applicant- Vinod Kumar Goel for grant of bail, in Complaint Case No. 13 of 2017, arising out of ECIR/04/PMLA/LKZO/2015, under Sections of the Prevention of Money Laundering Act, 2002. Learned counsel for the accused-applicant while pressing the bail application submits that the applicant has falsely been implicated in this case. He is in the custody since 29.4.2016., in the case pertai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ution witnesses has so far been examined and as the PMLA case is depend on the outcome of the CBI case. The trial of PMLA case will take a long time to conclude. He further submits that alleged loss caused by the applicant to NOIDA to the tune of ₹ 5.11 Crore has been secured by Enforcement Directorate, as money to the tune of ₹ 5.11 Crore lying in Bank Accounts of the applicant has been attached and provisional attachment order has also been confirmed by adjudicating authority. He further submits that documentary evidences on which the prosecution may rely are already in possession of the Investigating Agencies and there is no apprehension that after release on bail, applicant will be in a position to influence the prosecution witness and the continued incarceration of the applicant will amount to pretrial punishment. Learned counsel for the accused-applicant, in support of his contentions relied on the following case laws:- 1. Sanjay Chandra Vs. Central Bureau of Investigation, (2012)1 SCC 40. 2. Dataram Singh vs. State of Uttar Pradesh and Anr. (2018)3 SCC 22 3. Nikesh Tarachand Shah Vs. Union of India and another, (2018)11 SCC 1 4. Sameer Bhujbal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that economic offences constitute a class of their own and are to be taken care of with a different approach specially in cases of bail as such offences do have deep routed conspiracies and loss of huge public fund which is to be taken seriously and grave as they effect the economy of country and pose serious threat to financial health of the Nation. He further submits that the applicant is an influential person in terms of both money and muscle power and there is reasonable apprehension that he might tamper the witnesses and investigation, which is still going on. He also contended that the accused-applicant cannot claim parity with co-accused Pradeep Garg as the case of Pradeep Garg entirely rests on different facts. Moreover Pradeep Garg has been released on bail by Hon ble Supreme Court on the condition of deposition of ₹ 4.52 Crores in the schedule offence, while the accused-applicant during the course of argument has denied his willingness to deposit ₹ 5.11 Crores, an amount commensurate with the loss applicant has caused to public exchequer. Learned special counsel for Union of India has relied on following case laws :- 1. Andhra High Court Mallampati G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... final outcome of the SLP. except depositing ₹ 4.52 Crore because prosecution Agency has already attached property of co-accused to the extent of ₹ 4.52 Crore. In fact Division Bench directed the special court to pass order in PMLA case commensurate to the order which may be passed by Hon ble Supreme Court with regard to schedule offences ( C B I Case) in following manner in para 12:- Para-12. We give liberty to both the parties for bringing in the notice of Special Judge/PMLA Court about the final outcome of the SLP (Crl.) Diary No.8836 of 2018 and the trial court is directed to confirm the provisional bail granted to the applicant if the Hon ble Supreme Court confirm the interim bail of the applicant in CBI case or reject the bail prayer of the applicant if Hon ble Supreme Court reject the bail prayer of the applicant in above case. The regular bail was granted to the co-accused Pradeep Garg by Honble Supreme Court on 13.04.2018 and in compliance of the above mentioned order dated 28.05.2018 of Divisional Bench passed in Bail No. 2653 fo 2018, the trial court vide order dated 04.09. 2018 confirmed the provisional bail of co-accused Pradeep Garg in PMLA Case. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present applicant has also been granted bail in schedule offence ( C B I Case) by Hon ble Supreme Court vide order dated 14.01.2019 without imposing any condition to deposit any amount, therefore present Applicant is also entitled to be released on bail on the ground of parity with co-accused Pradeep Garg. The twin conditions as were existing before in Section 45 of the PMLA Act 2002 has now been quashed by the Honb le Supreme Court in Nikesh Tara Chandra s case (Supra) and maximum punishment provided in PMLA offences, alleged against applicant, is seven years and in the schedule offence case as well as in the PMLA case the applicant was duly cooperating with the investigation Agencies and no prayer has ever been made by the Investigating Agencies to arrest him during the investigation. Hon ble Supreme Court, while granting bail to the applicant in schedule offences, has opined that the entire money of the State shall stand secured and in this regard bank accounts of the applicant to the tune of ₹ 5.11 Crore has also been attached by the E.D. The applicant is in jail in this matter since 16.01.2018 and Co Accused pradeep Garg standing on identical footing has been release ..... X X X X Extracts X X X X X X X X Extracts X X X X
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