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TMI Blog2022 (12) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... t was not right in setting aside the discharge order despite the fact that the accused No. 1 had already been acquitted in relation to the scheduled offence and the present appellants were not accused of any scheduled offence. This Court is of the view that the accused-applicant is entitled to be enlarged on anticipatory bail - Let accused-applicant, Mehar Singh be enlarged on anticipatory bail with the conditions imposed - application allowed. - Criminal Misc Anticipatory Bail Application U/S 438 CR.P.C. No. - 1215 of 2022 - - - Dated:- 4-11-2022 - Hon'ble Dinesh Kumar Singh, J. For the Applicant : Anurag Narain Srivastava,Piyush Shrivastava,Shailendra Kumar Misra For the Opposite Party : A.G.A.,A.S.G.I.,Kuldeep Sriva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a witness. He further submits that if the accused-applicant is not an accused in predicate offence, he can not be made an accused in a case filed under the Prevention of Money Laundering Act as the Prevention of Money Laundering Act would attract in respect of the proceeds of crime from the predicate offence. 5. In support of his contention, learned counsel for the accused-applicant has placed reliance on the judgement of the Supreme Court in the case of Vijay Madanlal Choudhary and others Vs. Union of India and others, 2022 LiveLaw (SC) 633 and a recent judgment of the Supreme Court in the case of Parvathi Kollur and another Vs. State by Directorate of Enforcement, 2022 LiveLaw (SC) 688. 6. On the other hand, Sri Kuldeep Sriv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act of 2002. Learned counsel for the appellants has contended that the issue as involved in this matter is no more res integra, particularly for the view taken by a 3-Judge Bench of this Court in the case of Vijay Madanlal Choudhary Ors. vs. Union Of India Ors. decided on 27.07.2022 where, the consequence of failure of prosecution for the scheduled offence has been clearly provided in the following terms: 187. .(d) The offence under Section 3 of the 2002 Act is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence. It is concerning the process or activity connected with such property, which constitutes the offence of money-laundering. The Authorities under the 2002 Act ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e enlarged on anticipatory bail. 10. Let accused-applicant, Mehar Singh be enlarged on anticipatory bail with the following conditions:- (i) That the applicant shall make themselves available for interrogation by a police officer as and when required; (ii) That the applicant 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 them from disclosing such facts to the Court or to any police officer; (iii) That the applicant shall not leave India without the previous permission of the Court; and (iv) Such other conditions as may be imposed under sub-section (3) of Section 437, as if the bail were granted under that section. 11. With th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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