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TMI Blog2023 (9) TMI 1414X X X X Extracts X X X X X X X X Extracts X X X X ..... For the Applicant : Shri Rizwan Khan- Advocate Alongwith Senior Advocate Shri Ajay Bagadia. For the Respondent : Shri Himanshu Joshi- Advocate Appearing On Behalf Of Deputy Solicitor General. ORDER 1. This is second bail application filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail who is apprehending her arrest relating to FIR No. 179/2018 dated 06.08.2018 registered at Police Station-Special Police Establishment, Lokayukta, Bhopal (M.P.) for the offence under Section 13(1)(e) of the Prevention of Corruption Act, 1988 of IPC. 2. As per prosecution story, the allegation against the applicant is that the co-accused Mohd. Aslam Khan husband of present applicant has illegally ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd submitted that this is a case where the applicant is not able to explain the sources of her income and in such type of offences anticipatory bail should not be granted 5. In view of rival submissions the matter has been perused. Before dwelling upon this point Section 45 of the Prevention of Money Laundering Act, 2002 is worth taking into consideration which is reproduced below-: Section 45. Offences to be cognizable and nonbailable. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no person accused of an offence under this Act shall be released on bail or on his own bond unless- (i) the Public Prosecutor has been given a opportunity to oppose the application for such release ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in this case which is as under:- 69. Ordinarily, arrest is a part of procedure of the investigation to secure not only the presence of the accused but several other purposes. Power under Section 438 of the Cr.P.C is an extraordinary power and the same has to be exercised sparingly. The privilege of the pre-arrest bail should be granted only in execeptional cases........ 78. Power under Section 438 of the Cr.P.C being an extraordinary remedy, has to be exercised sparingly; more so, in cases of economic offences. Economic offences stand as a different class as they affect the economic fabric of the society. In 'Directorate of Enforcement v. Ashok Kumar Jain' it was held that in economic offences, the accused is not entitl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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