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TMI Blog2024 (1) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... ice Establishment, Lokayukta, Bhopal (M.P.) for the offence under Section 13(1) of the Prevention of Corruption Act, 1988 of IPC. 2. As per prosecution story, the allegation against the applicant is that the present applicant has illegally earned the black money and purchased movable and immovable property in the name of his family members. It is also alleged that the present applicant is working as an employee of Municipal Corporation, Indore and his income was only Rs. 21 lakhs whereas he purchased movable and immovable property worth of Rs. 1,55,87,861/- and in this regard, he could not file any satisfactory reply or any documentary proof, hence he is liable for offence under Section 13(1)(e) of the Prevention of Corruption Act, 1988 al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 023 passed in SLP (Crl.) No. 3373/2023 (Raghvendra Singh Tomar Vs. Directorate of Enforcement) by Hon'ble Apex Court. It is further contended that since investigation is completed, there is no need to arrest of this applicant. The final conclusion of the trial is likely to take sufficient long time. Therefore, it has been prayed that the applicant may be released on anticipatory bail. 4 . Learned counsel Shri Himanshu Joshi, Deputy Solicitor General appearing on behalf of Directorate of Enforcement Bhopal Zonal Office, has vehemently opposed the bail application and submitted that this is a case where the applicant is not able to explain the sources of his income and in such type of offences anticipatory bail should not be granted. 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th 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: Provided further that the Special Court shall not take cognizance of any offence punishable under section 4 except upon a complaint in writing made by- (i) the Director; or (ii) any officer of the Central Government or a State Government authorised in writing in this behalf by the Central Government by a general or special order made in this behalf by that Government." 7. Certainly, the petition of Rahela Khan was allowed by Hon'ble Apex Court in SLP (Crl.) No. 13070/2023. However, in view of the aforesaid propositions, a woman can take benefit of the first proviso, where she can be released when ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gation 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 entitled to anticipatory bail." 10. In another case of "Directorate of Enforcement v. M. Gopal Reddy and An ..... X X X X Extracts X X X X X X X X Extracts X X X X
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