9911796707
TMI Blog2024 (2) TMI 1089X X X X Extracts X X X X X X X X Extracts X X X X ..... bailable. The bail can be granted only if two conditions are fulfilled in addition to other conditions of section 438 and 439 of Cr.P.C. The bail can be granted unless the court is satisfied that there are reasonable grounds to believe that he is not guilty of the offence and he is not likely to commit such offence while on bail otherwise, he should not be released on bail. From reading the provision of section 45 of the Act, 2002, the general rule of bail not jail would not apply in such cases. The provision is otherwise as a presumption is attached that the accused is guilty and unless there are reasonable grounds to believe that he is not guilty of such offence and he is not likely to commit such offence then bail can be granted. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This is first bail application filed under section 438 of Cr.P.C in ECIR/INSZO/04/2021 registered at Directorate of Enforcement District Bhopal under section 3/4 of PMLA Act. 2. The facts of the case are that an FIR was registered at police station Vijay Nagar, Indore in crime no.474/2021 on information that certain individuals were standing near Hotel Infinity, who were trying to sell Remdesivir Injections at a higher price. On the basis of aforesaid information, the offence under section 420, 488, 304, 308, 467, 468, 471, of IPC and 3/7 of Essential Commodities Act and section 3 of Epidemic Diseases Act was registered. Charge sheet was filed for the aforesaid offence. It is argued that the applicant filed application under section 43 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 218 . He referred para no.9 and 10, in which it is held that since CBI did not require custodial interrogation of the applicant during the period of investigation and therefore, the trial court committed an error while rejecting the anticipatory bail. The said judgment has been followed in subsequent judgments. He also referred the order passed by the co-ordinate bench of this court in the case of Ashok Pipada VS. State of MP passed in M.Cr.C No.56523/2023 dated 24.01.2024, in which the anticipatory bail was granted in the case of PMLA Act. 5. Learned counsel for the respondent opposed the prayer and submitted that the application under section 438 for anticipatory bail is misconceived. The trial court has only issued summons and they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 7. As per section 45 of the Act, 2002, the offence is cognizable and non-bailable. The bail can be granted only if two conditions are fulfilled in addition to other conditions of section 438 and 439 of Cr.P.C. The bail can be granted unless the court is satisfied that there are reasonable grounds to believe that he is not guilty of the offence and he is not likely to commit such offence while on bail otherwise, he should not be released on bail. In this regard, reference may be made to the judgment passed by Apex Court in the case of Y.S Jagan Mohan Reddy Vs. CBI reported in (2013) 7 SCC 439 and Vijay Madanlal Choudhary (Supra). 8. Thus, from reading the provision of section 45 of the Act, 2002, the general rule of bail not jail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t time. (These are the same injections which Dhiraj Sajnani acknowledged that he sold to -Gagan Shukla, thus, he along with Dhiraj Sajnani sold these injections to the Gagan Shukla). He along with Dheeraj Sajnani were apprehended while selling fake Remdesivir injection and arrested by PS Vijay Nagar, Indore (MP) Police on 01.05.2021. This clearly establishes that he along with Sunil Mishra and others has earned money illegally through sale of fake Remdesivir injections at the cost of lives of the innocent people. The money so generated as stated above is nothing but the proceeds of crime accumulated after the commission of the Scheduled Offence as per the scheme of PMLA, 2002. 12. Apart from that, learned counsel for the respondent has p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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