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TMI Blog2020 (7) TMI 785X X X X Extracts X X X X X X X X Extracts X X X X ..... involving an amount of Rs. 2.55 Crores as tainted money of scheduled offence of corruption in mining department of the State Government of Rajasthan. 2. Heard learned counsel for both the sides and perused the material available on record as well as written submissions filed on behalf of non applicants. 3. Mr. Anil Upman and Mr. Deepak Chauhan learned counsel for both the accused applicants have submitted that similarly situatedco-accused persons have been enlarged on bail by the coordinate bench of this court vide order dated 12-5-2020 and the case of accused applicants is not distinguishable from them. Both the applicants are not required for the purpose of investigation/enquiry as the Enforcement Directorate has already filed the compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 'ble Supreme Court in series of judgments, bail in economic offences must be considered on altogether distinct criteria as the same affect the economy as a whole and destroy the very basic fiber of the Society. The bail cannot be granted solely on the ground of parity i.e. co-accused persons have been granted bail,but while considering the bail application, the prima-facie case,role of each accused, conduct of the accused and other relevant factors should be taken into account. In this case most important factor of prima-facie case in the light of relevant provision of the Prevention of Money Laundering Act, 2002 (hereinafter `the PML Act') has not been considered by Hon'ble coordinate Bench and therefore, the department is in the proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion Bureau, out of which Rs. 1.58 crores were arranged by the applicant Mohd. bRashid Sheikh. Strong evidence in the form of call recordings,bank account details, other ocular, documentary and circumstantial evidence is available in view of which they cannot claim parity with those co-accused persons, who have been granted bail. Besides above position, the conduct of the present applicants differentiates them from other co-accused persons because they themselves surrendered before the trial court on 19-2-2020/ 17-3-2020, as per order of the Hon'ble Supreme Court of India whereas present accused applicants despite being full ya ware of the situation did not surrender on 17-02-2020 in parity with other co-accused persons, rather they su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SCC 364], Pankaj Jain Vs. Union of India [(2018)5 SCC 743], Dinesh Kumar Vs. State of M.P. [M.Cr.C. No.9763/2020 decided on 19-3-2020],Nikesh Tarachand Shah Vs. Union of India [(2018)11 SCC 1], Rakesh Manekchand Kothari Vs. Union of India [2015 SCC Online Guj. 3507], M/s. VGN Developers P. Ltd. Vs. The Deputy Director,Directorate of Enforcement, [Cri.O.P. No.9796/2019 decided on 4-10-2019], Anand Chauhan Vs. Directorate of Enforcement [2017SCC Online Del 7790], Virupakshappa Gouda Vs. State of Karnataka [(2017)5 SCC 406], Sanjay Sethi Vs. Union of India[SLP (Criminal) No.2224/2020 decided on 12-3-2020], Nitin Johari Vs. Serious Fraud Investigation Office [Bail Appln. No.1971/2019decided on 27-1-2020], Oro Trade Network (India) Lim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alleged crime along with other relevant factors are to be considered. A particular accused cannot claim to be released on bail only on the ground of grant of bail to other co-accused person. Accordingly even the same bench in a given case grants bail to an accused and refuses to another one having different footings. 9. In the instant case, other co-accused persons have been enlarged on bail by the coordinate bench of this court but the case of present applicants is not similar to those co-accused persons looking to their major role in the alleged crime, the evidence collected against them, their conduct of evading trial and other relevant factors. 10. Without expressing any opinion to the merits of the case,suffice it to say that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tings or distinguished case is entitled for bail only on the basis of bail granted to other co-accused, hence the same do not help the applicants. 14. In view of the above, the case of both the present accused applicants cannot be said to be similar to that of those co-accused persons who have been enlarged on bail by coordinate bench of this court, therefore, keeping in view the specific major role of the present accused applicants, strong evidence available against them, their conduct to evade the trial, probable impact on the Society on granting bail to present accused applicants having distinct status in this economic offence of severe nature of rampant corruption in Government departments and all other relevant factors as envisaged in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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