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TMI Blog2024 (1) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... n which is subject to twin conditions mentioned in Section 45 of PMLA. Therefore, the orders passed by the Trial Court are in accordance with law and there is no reason to interfere with the same - application dismissed. Whether the petitioner is entitled to statutory bail on the ground that the respondent has not completed the investigation? - HELD THAT:- Given the specific stand taken by the respondent, that the complaint and the materials filed disclose the offences and that they would proceed with the trial on that basis, it cannot be held that the investigation is incomplete and therefore, the petitioner is entitled to statutory bail. The respondent had already identified a portion of the proceeds of crime which is sufficient to prove the charge against the petitioner herein. The further investigation is conducted qua the remaining proceeds of crime. In the judgment of the Delhi High Court relied upon by the learned counsel for the petitioner in the case of Chitra Ramakrishna [ 2022 (10) TMI 49 - DELHI HIGH COURT ], the Court was dealing with the Final Report filed by the CBI for the offence under Section 13[1][d] of the Prevention of Corruption Act - In that cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Companies and siphoned them off for personal gains causing loss to the tune of Rs. 3986 Crores and odd and thus, was involved in the offence of Money Laundering. (5) Initially, three ECIRs were recorded against the Companies and its Directors and their investigation revealed that the Companies above named, through their Directors/Promotees, indulged in the manipulation of Books of Accounts, indulged in paper transactions to inflate the turnover of the Companies to get more credit facilities from the Banks and thereafter, siphoned off the funds from the Companies through Shell Companies for personal gains and thereby indulged in the offence of Money Laundering. The investigation also revealed that the Shell Companies were in the names of relatives, employees of the petitioner and residents of the petitioner's ancestral village. (6) During the investigation, the petitioner was arrested on 12.07.2022 in all the three ECIRs referred to above. (7) The respondent completed the investigation and filed three complaints, which are pending trial in the Special Calendar Cases referred to above. (8) Since the petitioner was in custody even after filing the complaints, his reman ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reme Court in the case of K.S.Puttaswami and Another Vs. Union of India reported in 2019 [1] SCC 1 in support of his submission that deprivation of liberty must be proportionate to its legitimate objectives. ➔ Reliance was placed upon a judgment of the Delhi High Court in the case of Court on its own Motion Vs CBI reported in ILR 2004 [1] Del 47, in support of his submission that arrest has to be resorted only if the triple tests are satisfied. The triple tests are, [1]the accused is at ''flight risk''; [2] should have tampered with the evidence; and [3]the accused has intimidated or influenced the witnesses or has a tendency to do so. In the instant case, the respondent has not made out any such case either for justifying the arrest or for denying bail to the petitioner. ➔ The learned counsel therefore submitted that the petitioner has been incarcerated for more than a year and that even if the petitioner is not entitled to bail, he may be kept under house arrest so that he will be able to have access to the voluminous records filed by the respondent and to effectively defend himself in the trial. ➔ He also relied upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er pointed out that the petitioner's right to get released on bail has been considered by the Trial Court and the petitioner has already moved an application before this Court and the same would be considered on merits. However, there is no requirement under Section 309 of Cr.P.C., to give reasons for extension of remand. Section 309 of Cr.P.C., provides for conducting proceedings on a day-to-day basis and stipulates that adjournment beyond the following day has to be necessary for reasons to be recorded. The learned Additional Solicitor General therefore, submitted that the provision which is intended for speedy trial and grant of an adjournment, cannot be applied to submit that reasons have to be recorded for extending the remand under Section 309 of Cr.P.C. (17) As regards the Revisions filed challenging the dismissal of the bail applications filed by the petitioner under Section 167[2] of Cr.P.C., the learned Additional Solicitor General submitted that the complaint filed by the respondent is not an incomplete one and the respondent can proceed with the trial based on the complaint and the materials filed along with the complaint before the Trial Court and that, they nee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody: Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time: Provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing: Provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him.] Explanation 1 .- If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand. Explanation 2 .- The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused.'' (22) The said provision deals with the power of the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same even if he is in prison. (25) With the above observations, Crl.RC.Nos.890, 975 and 976/2023 stand dismissed. (26) As regards Crl.RC.Nos.1026, 1029 and 1030/2023, the short question which arises for consideration is whether the petitioner is entitled to statutory bail on the ground that the respondent has not completed the investigation. (27) The respondent has stated in the complaints praying for permission to continue with the investigation and this Court had already extracted the relevant prayer in paragraph No.13 of this common order. However, the prayer made by the respondent does not indicate that the investigation is incomplete. There is a difference between a case where the investigation which is incomplete and a case where investigation is complete and further investigation is pursued for collection of additional evidence. The reading of the complaints does not suggest anywhere that the complaints have been filed based on an incomplete investigation. The prayer made by the respondent seeking permission to continue with the investigation to identify further proceeds of crime cannot be interpreted to say that the complaint is not final. (28) The learne ..... X X X X Extracts X X X X X X X X Extracts X X X X
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