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TMI Blog2023 (10) TMI 1255X X X X Extracts X X X X X X X X Extracts X X X X ..... rs 6 months although he and others were acquitted in Crl. Appeal. No.238/2017 setting aside the judgment and order of conviction in the connected NIA case No. 01/2009. Mr. Talukdar further submits that the trial in Special PMLA Case No.03/2018 has not commenced till date and as such, there is no possibility of early justice/disposal in the aforesaid case as the co-accused Redaul Hussain Khan has filed a criminal petition being Crl. Pet. No.334/2019, where a co-ordinate Bench of this Court by an order, dated 21.05.2019 has stayed further proceedings in the aforesaid criminal petition, which is extended from time to time. Therefore, Mr. Talukdar submits that for the aforesaid reasons and in view of Section 436A Cr.P.C., the accused may be directed to be released on bail, if deemed proper imposing conditions. In support of his submission, Mr.Talukdar has relied on the judgments rendered by the Hon'ble Supreme Court in Union of India Vs. K.A. Najeed, reported in (2021) 3 SCC 713 and in Satender Kumar Antil Vs. C.B.I. & Anr., reported in (2022) 10 SCC 51. 6. Opposing the bail application, Ms. A. Gayan, learned Standing Counsel appearing for the E.D., submits that she has no comment to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bail in connection with Special PMLA Case No.3/2018 (as defined u/S 3 of PMLA and Punishable u/S 4 of the Prevention of Money Laundering Act, 2002 ('PMLA' for short) pending before the learned Special Judge, Assam at Guwahati. 3. The scanned copy of the case record along with copy of the Judgment and Order passed in NIA Special Case No.01/2009, as called for, is placed before the Court. 4. Mr. D Talukdar, learned counsel appearing for the accused petitioner, submits that the accused has been detained in jail in connection with the instant case being Special PMLA Case No.03/2018 and Special PMLA Case No.01/2015 although he is entitled for annual leave for serving out the life imprisonment in connection with sentence passed in NIA Special Case No.01/2009. Mr. Talukdar further submits that the accused has been languishing in jail in connection with the instant case for more than 3 years since 21.04.2018, without commencement of trial in the case, where further investigation is not completed. Therefore, Mr. Talukdar, learned counsel, submits that the accused may be granted at least interim bail, if not a full term bail so that he can avail the aforesaid leave entitlement. 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cial Judge, Assam, Guwahati and cognizance of the offence has been taken vide order, dated 24.01.2018. 11. A perusal of the records, it is revealed that the accused was convicted under Sections 120B of the IPC read with Section 17 of the PMLA vide the Judgment, dated 22.05.2017 and order, dated 23.05.2017 passed by the learned Special Judge, NIA, Assam and presently, he has been serving out the sentence, inter-alia, of rigorous imprisonment for life. 12. The records reveal that the accused petitioner was the CEM, NCHAC during the relevant period of siphoning of approximately Rs.13.50 Crores from the Social Welfare Department under the said Council. 13. It may be mentioned that a co-ordinate bench by an order, dated 21.05.2019, passed in Criminal Petition No.334/2019 further proceeding in the instant case was stayed and it is continued from time to time till date. Therefore, there is no progress in trial of the case since 07.06.2019 and presently pending at pre-charge stage. Some coaccused persons are already released on bail. 14. This court is conscious of the limitations imposed on grant of bail under Section 45 of the PMLA which are as extracted herein below: "45 O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e liberty of interim bail only. 20. For the above stated reasons, it is provided that the accused petitioner namely, Mohet Hojai shall be released on interim bail of Rs.50,000/- (Rupees Fifty Thousand) with 02 (two) sureties of like amount to the satisfaction of the learned Special Judge, Guwahati , Assam. The above interim bail shall be subject to the following conditions: (i) That the interim bail shall remain valid strictly for the period of Annual Leave admissibility of the accused in connection with Special NIA Case No.01/2009; (ii) That out of the two bailors, one must be a government servant subject to verification of the relevant documents, if deemed necessary and after such verification, the learned trial Court shall return the original documents retaining legible scanned copy thereof on record for future reference; (iii) That the accused petitioner 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 facts to the Court or to any police officer; and (iv) That the bail bonds may be considered and accepted after receipt of copy of Annual leave ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nded meaning particularly when an appeal or admission is pending. Thus, in a case where an appeal is pending for a longer time, to bring it under Section 436-A, the period of incarceration in all forms will have to be reckoned, and so also for the revision. 64. Under this provision, when a person has undergone detention for a period extending to one-half of the maximum period of imprisonment specified for that offence, he shall be released by the court on his personal bond with or without sureties. The word "shall" clearly denotes the mandatory compliance of this provision. We do feel that there is not even a need for a bail application in a case of this nature particularly when the reasons for delay are not attributable against the accused. We are also conscious of the fact that while taking a decision the Public Prosecutor is to be heard, and the court, if it is of the view that there is a need for continued detention longer than one-half of the said period, has to do so. However, such an exercise of power is expected to be undertaken sparingly being an exception to the general rule. Once again, we have to reiterate that "bail is the rule and jail is an exception" coupled with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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