9911796707
TMI Blog2022 (11) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... . The earlier bail application has been dismissed as withdrawn on 20.6.2022 vide order passed in MCRC No.618/2022. 3. Prosecution case is that the applicant and other co-accused are indulged in the offence registered under Sections417 of the IPC and under Sections 17, 40 (1)((b) and 40(1)(c) of the Unlawful Activities (Prevention) Act, 1967 (for short 'the Act, 1967') wherein the National Investigation Agency investigated the matter and filed the charge sheet before the Special Court, Raipur vide judgment dated 24.11.2021. The Enforcement Directorate (for short 'the ED') filed a complaint case under Sections 3 & 4 of the Prevention of Money Laundering Act, 2002 (for short 'the PMLA Act') alleging that the applicant had received an amount o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 2013, therefore, to harass the applicant, a complaint has been filed in the year 2018 and the applicant was arrested on 3.3.2020. He would also submit that under Section 4 of the PMLA Act, the minimum punishment is prescribed as 3 years which may extend to 7 years and the applicant has already completed more than 2½ years, therefore, considering all the aspects of the matter, the applicant may be released on bail. 5. On the other hand, learned counsel appearing for the ED has vehemently opposed the bail application on submission that the applicant has withdrawn his bail application and without any substantial change in the circumstances, filing of successive bail application amounts to abuse of law. He would place reliance on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xteen years, or is a woman or is sick or infirm, [or is accused either on his own or along with other co-accused of money-laundering a sum of less than one crore rupees] 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 special order made in this behalf by that Government. [(1A) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or any other provision of this Act, no police of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and that the applicant has taken a specific defence that one unknown person has called him that he has won the lottery and the applicant has been trapped in such a organized crime and further considering the statement given by the applicant under Section 50 of the PMLA Act; without further commenting anything on the merits of the case and that trial is likely to take considerable time, this Court is inclined to release the applicant on bail. 8. Accordingly, the application is allowed and the applicant is directed to be released on bail on the following conditions:- * he shall execute a personal bond for a sum of Rs.1 lakh with one surety for the like amount to the satisfaction of the trial Court. * He shall appear before the trial Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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