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TMI Blog2022 (11) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... years, and that the schedule offence has been finished and till so far the Special Court has not framed the charges under the PMLA Act; for the schedule offence the applicant has been in jail for more than 8 years and was granted bail under Section 389 of the CrPC - further considering the nature of accusation and the evidence 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 relea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... carrying out different criminal activities and deposited the same in the bank account of other co-accused, and the applicant has received commission. The money was sent by other co-accused to the Organizations namely, SIMI and Indian Mujahideen. The applicant has received the proceeds of crime and claimed the money as untainted property. So the offence of Money Laundering Act has been made out. Based on the aforesaid allegations, a complaint has been filed before the Special Court. 4. Learned Counsel for the applicant would submit that the applicant is innocent and has been falsely implicated. He would further submit that on the same set of allegations, in CRA No.456/2022, after conviction under the main schedule of the PLMA Act and unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... LiveLaw (PH) 151}. He would further submit that offence is serious in nature. Considering the gravity and nature of evidence, the applicant should not be released on bail. Placing reliance in the matter of Y.S. Jagan Mohan Reddy Vs. Central Bureau of Investigation {(2013) 7 SCC 439}, it was argued that the economic offence constitutes a class apart and needs to be visited with a different approach in the matter of bail. He would rely on Section 24 of the PLMA Act to submit that the burden is on the accused. He would further submit that if the applicant is released on bail, then there is every possibility that the applicant may abscond. So considering all the aspects of the matter, the bail application be rejected. 6. Section 45 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nto 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. 7. Considering the aforesaid provision and the facts and circumstances of the case; the applicant is in custody for more than 2 years, particularly considering that schedule offence has been registered in the year 2013 and the investigation in respect of other offences commenced after the knowledge of registration of schedule offence and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate given by the said Court. He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. He shall not act in any manner which will be prejudicial to fair and expeditious trial. The applicant and the surety shall submit a copy of their Adhaar Card along with a coloured postcard full size photo having printed the Adhaar number on it, which shall be verified by the trial Court. He shall not involve himself in any offence of similar nature in future. He shall after his release, within 15 days, furnish the details of movable and immovable properties, details of all bank accounts held by him and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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