9911796707
TMI Blog2022 (4) TMI 1567X X X X Extracts X X X X X X X X Extracts X X X X ..... ureties of the like amount each to the satisfaction of learned court below. Bail application allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... being Director of M/s Sunbeam Dealers Pvt. Ltd. obtained loan amount of Rs. 10 Crores dated 26.09.2014 for the purpose of trading of textiles and diverted the said amount resulting in NPA of 10.41 Crores as on 31.03.2018. 8. Also acting as Director of M/s Badri Kedar Udyog Pvt. Ltd. took loan of Rs. 15 Crores dated 09.07.2015 for the purpose of wholesale trading of clothes and textiles, diverted into the real estate properties resulting into NPA of the loan amount of Rs. 15.25 crores as on 30.04.2018. 9. There were altogether six such companies which were being controlled by Gyan Prakash Sarawgi (accused no.1) and this petitioner in which loan was raised from the Bank and diverted into the real estate causing a total loss of Rs. 77.36 Cro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel for the petitioner in support of his submission has placed reliance in case of Satender Kumar Antil vs. Central Bureau of Investigation, reported in (2022)10 SCC 51 in P.No.81 at Para-89 wherein it has been held that where the accused is either not arrested consciously by the prosecution or arrested and enlarged on bail, there is no need for further arrest at the instance of the court. The sum and substance of ratio laid down in this case is that where after investigation the accused has not been apprehended then there can be no occasion for the Court after cognizance to arrest the accused and be taken into custody in cases of PMLA. 14. This principle will apply in anticipatory bail matters and the same has been clarified in the sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its right to draw further supplementary prosecution on finding of new facts. Bail of the co-accused, Gyan Prakash Sarawgi vide B.A. No.8470 of 2022 has already been rejected vide order dated 21.11.2022 by the Co-ordinate Bench of this Court. Argument on behalf of the petitioner(s) appears to be persuasive. In the present case charge sheet has been submitted, accused persons were not arrested during investigation and had cooperated in it. Under the circumstance the Anticipatory Bail application is allowed. Accordingly, the petitioners above-named are directed to be released on anticipatory bail on furnishing bail bond of Rs. 1,00,000/- (Rupees One lakh) each with two sureties of the like amount each to the satisfaction of learned court bel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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