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TMI Blog2021 (12) TMI 1109X X X X Extracts X X X X X X X X Extracts X X X X ..... not be granted without complying with requirements of section 45 of PML Act. Money Laundering being an offence is economic threat to national interest and it is committed by the white collar offenders who are deeply rooted in society and cannot be traced out easily. These kinds of offence is committed with proper conspiracy, deliberate design with the motive of personal gain regardless of the consequences to the society and economy of Country. Hence, for money-launderers jail is the rule and bail is an exception - Socio-economic criminals are economically sound, therefore, in releasing them on anticipatory bail there is probability of abscondance not only within country but also beyond country. Usually socio-economic offenders abscond to some other country in order to escape themselves from Criminal Prosecution. The status and position of offenders provides opportunity to influence investigation and prosecution. This Court finds no merit in the application under Section 438 Cr.P.C. filed by the applicant. Consequently, the instant anticipatory bail application is rejected. - Criminal Misc Anticipatory Bail Application U/S 438 CR.P.C. No. - 11679 of 2021 - - - Dated:- 24-1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 13(2) r/w 13(1)(d) of PC Act,1988. Out of eight chargesheets accused-applicant is accused in two of them amounting ₹ 11,42,523/- and 16,73,365/-. 4. It is submitted that being a scheduled offence under the Prevention of Money Laundering Act, 2002 an ECIR (No.ECIR/15/PMLA/LZO/2010) was registered by the Enforcement Directorate on 26.08.2010 in pursuance of F.I.R No. RC0062007A0008 dated 31.03.2007 lodged by CBI. Lucknow Zonal Office of Enforcement Directorate initiated investigation under section 3 of the Prevention of Money Laundering Act, 2002 (In short PML Act), punishable U/s 4 of PML Act. 5. Joint Director, Directorate of Enforcement, Lucknow by order (01/LKZO/2016) dated 28.03.2016 provisionally attached assets in form of Movable and immovable property u/s 5(1) of PML Act,2002. Adjudicating Authority vide its order 16.09.2016 has confirmed the said attachment order u/s 8(3) of PML Act, 2002. 6. It is submitted on the basis of assertion made by Special P.P the learned Session Judge/ Special Judge for Prevention of Money laundering, Lucknow taken cognizance of complaint (Complaint No. 15 of 2019) u/s 3 r/w 4 of PML Act, 2002 on 08.01.2019 and passed summon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing, alluring the witness and tempering with the evidence without mentioning single incident wherein applicant had tried to influence witness and temper the evidences. In support of his contention he relied upon Judgment of Hon'ble Supreme court in case of State of Maharastra Vs Nainmal Punjaji Shah(1969) 3 SCC 904 wherein it was observed that mere apprehension of tempering or absconding is not enough to deny bail, and there should be an attempt at tempering with evidence or certainty that the accused would abscond if he is granted bail. 12. It is also submitted that learned Session Court erred in accepting the contention of the prosecution that the applicant during the period of 14.11.2005 to 07.11.2016 conspired with other co-accused and sanctioned 08 housing/mortgage OD loan on the basis of forged and fictitious document in the name of pseudonymous borrowers and causing loss of 1.17 Cr to Bank of India. It is submitted that the applicant was recommending authority and had no sanctioning or lending powers and his recommendation was not binding on the sanctioning authority. Learned counsel also submitted that recommendation was given on the basis of pre-sanction inspectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y laundering is independent of the scheduled offence. In support of his contention he relied upon Judgment of Hon'ble Telangana High Court in case of State of V. Vijay Sai Reddy vs Enforcement Directorate (Cr. Petition No.1073 and 1074 of 2021) wherein it was held that trial for the offence of money laundering is independent trial and it is governed by its own provisions and it need not get interfered by the trial of scheduled offences. 16. It is further submitted that PML Act is Special Act to deal with economic offences. Offence under PML Act is made as cognizable and non-bailable and granting anticipatory bail may hamper the societal and national interest. In support of his contention learned counsel relied upon Judgment of Supreme Court in the case of Jai Prakash Singh v. State of Bihar Anr. - (2012) 4 SCC 379, wherein it is held that parameters for grant of anticipatory bail in a serious offence are required to be satisfied and further while granting such relief, the Court must record the reasons therefor. Anticipatory bail can be granted only in exceptional circumstances where the Court is prima facie of the view that the applicant has falsely been enroped in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r is a woman or is sick or infirm, may be released on bail, if the Special Court so directs: Provided further that the Special Court shall not take cognizance of any offence punishable under Section 4 except upon a complaint in writing made by- ( i ) the Director; 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 a special order made in this behalf by that Government. (1-A) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or any other provision of this Act, no police officer shall investigate into an offence under this Act unless specifically authorised, 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 subsection (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 . Section 45 specially provides two conditions which is mandatory in nature and must be complied before granting bail to accused of offence. 20. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eeply rooted in society and cannot be traced out easily. These kinds of offence is committed with proper conspiracy, deliberate design with the motive of personal gain regardless of the consequences to the society and economy of Country. Hence, for money-launderers jail is the rule and bail is an exception . 23. In case of Y.S jagan Mohan Reddy v. CBI (2013) 7 SCC 439 , the Supreme Court observed as under:- 34. Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be viewed seriously and considered as grave offences affecting the economy of the country as a whole and thereby posing serious threat to the financial health of the country. 24. In State of Gujrat v. Mohanlal Jitamalji Porwal (1987) 2 SCC 364 , the Hon'ble Supreme Court observed: [...] the entire community is aggrieved if the economic offenders who ruin the economy of the State are not brought to book. A murder may be committed in the heat of moment upon passions being aroused. An economic offence is committed with cool calculation and de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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