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TMI Blog2023 (4) TMI 410X X X X Extracts X X X X X X X X Extracts X X X X ..... one of her kidneys has been removed and she is surviving with one kidney and she is suffering from anxiety, depression and panic attacks. The Proviso appended to Section 45 (1) of PMLA provides that a woman or a sick or infirm person may be released on bail. The amount deposited in the account of M/s Kusum Garments is Rs.50,00,000/- and the Proviso also provides that a person who is accused of money-laundering a sum of less than one crore rupees, may be granted bail - The principal co-accused Yadav Singh has already been granted bail. Sri Mohan Lal Rathi, who had deposited the amount in the account of Kusum Garments, and who has stated in his statement recorded by the Enforcement Directorate, that he had given this amount to Kusum Garments as loan, has not been made accused in the present case. Sri Mohan Lal Rathi had received the amount from co-accused Pradeep Garg and Pradeep Garg has also been granted bail. Other co-accused person Pankaj Jain and Vinod Kumar Goel have also been granted bail. It is only the applicant who is in jail in connection with the present case. Bail application allowed. - Criminal Misc. Bail Application No. - 2890 of 2023 - - - Dated:- 17-3-2023 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt is a Director of M/s Kusum Garments. 5. The complaint further states that M/s Kusum Garments had received Rs. 50,00,000/- as loan from Countrywide Electronic Pvt. Ltd, a unit owned by Sri Mohan Lal Rathi, C.A. and the amount was transferred in three installments on 23.03.2012, 26.03.2012 and 27.03.2012 without executing any agreement. It is alleged that Sri Pradeep Garg had transferred Rs. 50,00,000/- to M/s Kusum Garments through Sri Mohan Lal Rathi by layering so that it could not be detected and in fact this amount was proceed of Crime and the amount was given in lieu of contracts given to M/s N.K.G. Infrastructure Limited by Yadav Singh. 6. The Enforcement Directorate has provisionally attached an industrial Plot No. H-60, Sector-63 Noida and a building, which are owned by M/s Kusum Garments. 7. By means of an order dated 07.09.2018 passed in Writ Petition (Criminal) No. 177 of 2018, the Hon ble Supreme Court had allowed the applicant to appear before the Trial Court within two weeks and had given her the liberty to file a bail application, and the application was directed to be considered by the Trial Court forthwith. The order further provided that even if t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the ailments of the present applicant which has been indicated in para 19 of the application and such critical physical condition has been considered by this Court in earlier occasion and by the Apex Court, therefore, liberty is given to the present applicant to appear before the learned trial court within one week from today. To be more precise on or before 1.2.2023 and file her bail application. The said bail application shall be heard and disposed of expeditiously preferably on the same date, if possible. It is further provided that the learned counsel for the applicant shall supply the advance copy of the bail application to the learned counsel for the opposite parties by 30.1.2023, so that the learned counsel for the opposite parties may seek instructions and may file objection, if so needed. Till her appearance before the learned trial court in terms of this order or a period of one week from today i.e. on or before 1.2.2023, whichever is earlier no coercive action shall be taken against the present applicant. However, it is made clear that if the present applicant does not appear before the learned trial court within time stipulated, the benefit of this order sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om anxiety, depression, and panic attacks. The applicant had to remain admitted to a hospital from 16.01.2023 and 17.01.2023 and copies of documents regarding her ailments and treatment have been annexed with the affidavit. He has submitted that keeping in view the aforesaid facts, the applicant is entitled to be released on bail. 17. The Enforcement Directorate has filed a counter affidavit opposing the bail application. Sri. Kuldeep Srivastava, the learned Counsel for the Enforcement Directorate has vehemently opposed the prayer for grant of bail to the applicant. He has submitted that from the statements of Pradeep Garg and Mohan Lal Rathi referred above, is clear that the applicant is the beneficiary of proceeds of crime. He has further submitted that there is no sufficient ground for this Court to believe that the applicant is not guilty of being in possession of proceeds of crime and, therefore, her bail application is liable to be rejected. Sri Srivastava, has relied upon the judgment of the Hon ble Supreme Court in the case of Vijay Madanlal Choudhary and others Vs. Union of India and others , 2022 SCC Online SC 929, wherein the Hon ble Supreme court held that: - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: Provided that a person, who, is under the age of sixteen years, or is a woman or is sick or infirm 112(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: 22. In Vijay Madanlal Choudhary and others Vs. Union of India and others (Supra), the Hon ble Supreme Court held that: - 401. We are in agreement with the observation made by the Court in Ranjitsing Brahmajeetsing Sharma (2005) 5 SCC 294. The Court while dealing with the application for grant of bail need not delve deep into the merits of the case and only a view of the Court based on available material on record is required. The Court will not weigh the evidence to find the guilt of the accused which is, of course, the work of Trial Court. The Court is only required to place its view based on probability on the basis of reasonable material collected during investigation and the said view will not be taken into consideration by the Trial C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have also been granted bail. It is only the applicant who is in jail in connection with the present case. Thus all the other co-accused persons, against whom there are allegations of having committed some or the other act of commission, have already been granted bail whereas the applicant alone, who is a women and against whom there is no allegation of having committed any act and who is a director of a company in whose account proceeds of crime were deposited by a co-accused, is languishing in jail for an offence which carries the maximum punishment of imprisonment for a period of seven years, alongwith fine. 27. Without making any observations of the facts and merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. 28. Accordingly, this bail application stands allowed. 29. Let the applicant Kusum Lata be released on bail in Complaint Case No. 13 of 2017 (Assistant Director, Directorate of Enforcement, Lucknow Vs. Yadav Singh and others) in the Court of Session Judge/ Special Judge, PMLA, Lucknow under Sections 3 and 4 of Prevention of Money Laundering Act ..... X X X X Extracts X X X X X X X X Extracts X X X X
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