9911796707
TMI Blog2021 (11) TMI 1110X X X X Extracts X X X X X X X X Extracts X X X X ..... he ailing applicant is behind the bars under trial for last more than year. So far as apprehension of fleeing away is concerned, seems to be unfounded and without any basis. The Enforcement Directorate is at the fullest liberty to make seizure the applicant's GREY accounts after grilling him as per the law. But, he cannot be put behind the bars for unlimited period. The applicant is entitled for bail keeping in view that he is suffering from deadly ailments of Cancer and accordingly, the applicant- Kamal Ahsan be released on bail in the case on furnishing a personal bond of Rs.25 lacs and two sureties to the like amount to the satisfaction of the trial court with the conditions imposed - application allowed. - Criminal Misc. Ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the applicant is that for the incident of 01.03.2013, case crime no.295 of 2017 was registered on a complaint made by one Yogesh Bajpayee, Assistant Vice President, Axis Bank, Allahabad with the allegation that the applicant is working as a Relationship Manager in Axis Bank, Civil Lines Branch. After receipt of the complaint, an internal committee of the Bank was constituted to inquire about the allegations made against the applicant. The Committee found that the applicant was handling the accounts of Sam Higginbottom University of Agriculture, Technology and Sciences(SHUATS). The applicant, in connivance with one Rajesh Kumar, Accountant, SHUATS, have opened a new account in the name of his family members and relatives and syphoned the am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of document and evidences, but he has never cooperated and unnecessarily sought adjournments on the three occasions, on this, the PMLA authorities came to the conclusions that the applicant is avoiding the investigation and applying the delaying tactics to hamper the investigation and thus on 10.11.2020, he was again arrested under the PMLA, 2002 and after investigation, Enforcement Directorate has filed the charge sheet on 10.12.2020 against Kamal Ahsan(applicant), Syad Yawar Hussain, Jamal Ashraf and Rajesh Kumar. Learned counsel for the applicant has drawn the attention of the Court that the maximum punishment is of three-seven years and also liable for fine. It was contended by learned counsel that the applicant was in jail in connec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd and seized during search. In the said judgment, it has been held that that the twin conditions mentioned in Section 45 of PML Act continue to struck down as being unconstitutional in view of judgment of Hon'ble Apex Court in the case of Nikesh Tara Chand Shah Vs Union of India , reported in (2018) 11 SCC 1 and same is neither revived nor restructured by the amending Act, therefore, as of today, there is no longer rigor of said two conditions under the Original Section 45(1)(ii) of the PML Act for releasing the petitioner on bail. The provisions of Section 439 Cr.P.C. and the conditions therein will only apply in the case of applicant for grant of bail. It is undisputed that in the present case, the applicant is suffering fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in a smooth way. After hearing the rival submissions and perusing the documents, it is clear that initially the FIR was registered in which the co-ordinate bench of this Court on 13.08.2018 bailed out the applicant and during his arrest, the E.D. on 11.09.2017 moved the present complaint bearing no ECIR/01/ALSZO/2017 and re-affected his arrest on 10.11.2020 and since then he is in jail. During this period, the Department is progressing its investigation with snail's speed but seems to have filed the charge sheet. The ailing applicant is behind the bars under trial for last more than year. So far as apprehension of fleeing away is concerned, seems to be unfounded and without any basis. The Enforcement Directorate is at the fullest ..... X X X X Extracts X X X X X X X X Extracts X X X X
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