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TMI Blog2021 (2) TMI 1255X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 2002 (hereinafter referred to as "the Act of 2002"). 3. In brief, the factual matrix of the case are that an FIR bearing No.289/2013 was registered by the Anti Corruption Bureau, Jaipur against father of the petitioner and two others, for offences under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act and Sections 384 and 120-B of IPC pertaining to a bribe amount of Rs. 5 lacs. The petitioner was neither made accused in the FIR nor he was charge-sheeted. Another FIR bearing No.394/2013 was registered by the A.C.B. under Section13(1)(e) read with Section 13(2) of the Prevention of Corruption Act and Section 109 of IPC pertaining to allegation of disproportionate assets. Initially, the FIR was registered only aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t as well as the High Courts have been enlarging accused on bail under the Act of 2002 and as recently as on 13.8.2020, bail was granted by the Apex Court in Ashok Singhvi Versus Umanand Vijay & Anr.:SLP (Crl.)No.3122/2020, a case pertaining to money laundering. 7. Counsel for the petitioner has also placed reliance on the judgment in Sanjay Chandra Versus CBI: 2012 (1) SCC 40 wherein relevant considerations for grant of bail were discussed.The Apex Court in that case observed that the law in regard to grant or refusal of bail is very well settled and the Court granting bail should exercise its discretion in a judicious manner. Though at the stage of granting bail, a detailed examination of evidence and elaborate discussion of the merit of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... companies and is also a trustee in a trust in which money was transferred. It is also contended that after the twin conditions were declared as unconstitutional, the Act of 2002 has been amended and after the amendment, the twin conditions are revived. 10. It is contended that whether the twin conditions of the Act of2002 are revived, was also considered by the Delhi High Court in Upendra Rai Versus Directorate of Enforcement: Bail Application No.249/2019 decided on 9.7.2019wherein it was held that the twin conditions are not revived. The Supreme Court has stayed the order passed in Upendra Rai (supra). 11. I have considered the conditions. 12. The Apex Court in Nikesh Tarachand Shah (supra) held Section 45 of the Act of 2002 unconstitut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation ignoring the twin conditions. Merely by an amendment and substitution of some words and insertion of the Explanation, the twin conditions would not be revived, as the twin conditions were held to be violative of Articles 14 and 21 of the Constitution. 14. The Apex Court in Arnab Manoranjan Goswami Versus The State of Maharashtra & Ors.: Criminal Appeal No.742/2020, has observed that the bail applications should not be delayed and right to liberty should not be curtailed. Merely,because the Apex Court has stayed the order passed by the Delhi High Court, the same would not debar the Court from deciding the present bail application as there is a specific direction in Nikesh Tarachand Shah (supra) to decide the bail applications ig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to 7 years, that the petitioner has remained in custody for a period of 5 months, that conclusion of the trial will take time and that the petitioner has been given benefit of bail in predicate FIR, I deem it proper to allow the present bail application. 18. This bail application is, accordingly, allowed and it is directed that the accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lack Only) together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court and any Court to which the matter be transferred, on all subsequent dates of hearing and as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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