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2023 (12) TMI 1243

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..... e. He has already been granted anticipatory bail in the Scheduled offence and three co-accused persons have been granted anticipatory bail in the present case. The applicant is also entitled for anticipatory bail in the present case - In the event of arrest/ appearance of applicant-Ashok Kumar Singh before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the conditions imposed - bail application allowed. - Hon'ble Subhash Vidyarthi, J. For the Applicant : Purnendu Chakravarty,Anuuj Taandon,Shivanshu Goswami For the Opposite Party : Rohit Tripa .....

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..... aint states that prior to 15.8.2008, the cheques were issued in the name of work in-charge for cash payments to labourers and suppliers, but after 15.8.2008, the payments were made directly through cheques. The co-accused Nand Lal Sonkar was working as an Additional Development Officer during the relevant period and he was involved in committing the offence. The complaint states that prior to 15.8.2008, the cheques were issued in the name of of work in-charge for cash payments to labourers and suppliers, but after 15.8.2008, the payments were made directly through cheques. 5. The complaint states that the applicant was working as a Junior Engineer and in his statement recorded under Section 50 of the PMLA, 2002, he had admitted that the .....

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..... , if the total value involved in such offences is one crore rupees or more. Even as per the allegations levelled in the complaint, the total amount involved in the present case is Rs. 7,30,620/-. 8. Replying to the aforesaid submissions, the learned counsel appearing for Directorate of Enforcement has submitted that the Explanation appended to Section 3(ii) provides that the process or activity connected with proceeds of crime is a continuing activity and continues till such time a person is directly or indirectly enjoying the proceeds of crime by its concealment or possession or acquisition or use or projecting it as untainted property or claiming it as untainted property in any manner whatsoever. 9. The Explanation merely explains t .....

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..... rate of Enforcement itself. 11. The co-accused persons Shesh Nath Chauha, Ashok Kumar Singh and Pramod Kumar Singh have been granted anticipatory bail in the present case. 12. The complaint states that the applicant was working as a Junior Engineer; the applicant is aged about 63 years and besides the alleged Scheduled offence, he is not involved in any other case. He has already been granted anticipatory bail in the Scheduled offence and three co-accused persons have been granted anticipatory bail in the present case. Therefore, I am of the view that the applicant is also entitled for anticipatory bail in the present case. 13. In view of the above, the anticipatory bail application of the applicant is allowed . In the event of .....

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