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TMI Blog2024 (3) TMI 77X X X X Extracts X X X X X X X X Extracts X X X X ..... applicant misused his position and directly assisted in money laundering activities of accused Sadanand Kadam. In this context, it is important to note the observation of the trial Court that the role attributed to the applicant is that he had knowingly assisted the process of money laundering. The applicant Jayram Vinayak Deshpande be released on bail on his furnishing P.R. Bond of Rs. 1,00,000/- with one or more sureties in the like amount - Until the applicant- Jayram Vinayak Deshpande furnishes surety, he be released on cash security of Rs. 1 lakh along with PR bond - bail application allowed. - M. S. KARNIK, J. For the Applicant : Mr. A.P. Mundargi, Senior Advocate a/w Mr. Subir Sarkar, Mr. Hrishikesh Mundargi, Ms. Paavani Chadha i/b Ms. Pravada Raut. For Respondent No. 1 : Mr. Ashish Chavan. For the State-Respondent No. 2 : Mr. B.B. Kulkarni, APP. JUDGMENT : 1. Heard Shri Mundargi, learned senior advocate appearing for the applicant and Shri Ashish Chavan, learned counsel for the respondent No. 1. 2. This is an application for bail under section 439 of the Code of Criminal Procedure read with section 45 of the Prevention of Money L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed signature of erstwhile owner Vibhas Sathe. Thereafter, Sadanand Kadam influenced and pressurized Revenue Department Authorities viz. Jayraz Deshpande, the then SDO, Dapoli Sudhir Shantaram Pardule, the then Circle officer, Dapoli, for acquiring illegal permission for conversion as well as construction over the said Agricultural Land and only after that Revenue Department authorities granted illegal permission for conversion of the said land into non agricultural and construction therein. Sadanand Kadam on behalf Shri Anil Parab also looked after the construction of unauthorized structure end changed the construction plan to resort viz. Sai Resort NX even though the construction plan approved by Revenue Department was of Twin Bungalow. Further, Sadanand Kadam on behalf of Anil Parab had again used influence of Anil Parab, the then MLC and pressurized Suresh Shankar Tupe, Sarpanch Anant Koli, Gram Sevak of Murud Gram Panchayat to assess levy the tax immediately on the said unauthorized and illegal resort and to make entries in Gram Panchayat Form No.8, therefore, tax was levied on the incomplete structure due to pressure and influence of Shri Anil Parab used by Sadanan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erein Sudhir Shantaram Pardule stated there is no violation of the provisions of Coastal Regulation Zone Act. Further, Shri Jayram Deshpande also completed disregard and did not take on record, the reply from Town Planning Authorities wherein they had completely advise against the conversion of the said land into Non- Agricultural as well as construction therein as the said land fell into CRZIII i.e. No Development Zone as per the coastal map. Further, accused Jayram Vinayak Deshpande passed illegal approval order dated. 12.09.2017 for conversion and construction of twin bungalow and later subsequent to receipt of reply from Town Planner, rather than cancelling the illegal order, did not take the said reply on record. Thus, accused Jayram Vinayak Deshpande, directly knowingly has indulged in generation of Proceeds of Crime in terms of section 2 (1)(u) of PMLA, 2002, r/w explanation to Section 2 (1)(v) of the Act, 2002, therefore, based on the investigation conducted, he was arrested on 13.03.2022 under the provisions of Section 19 of the PML Act, 2002 for his role in money laundering activities Accused Jayram Vinayak Deshpande, therefore was an active participan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade by the Special Court while rejecting the bail application preferred by the present applicant. In paragraph 45 which has a material bearing for a decision on this application, the Special Court observed thus: Admittedly, role of the applicant (A2) is not of generating proceeds of crime as defined under Sec. 2(1)(u) and laundering the same as per Sec. 3 of the PML Act. Even it is not contention of the ED that the applicant (A2) is beneficiary of POC or recipient thereof. Even ED's contention is clear that the applicant (A2) has not laundered the POC. Paragraph 12.2 of the Prosecution Complaint has clear mention that during his tenure as SDO, Dapoli, the applicant (A2) misused his position and directly assisted in money-laundering activities of accused Sadanand Kadam (A1). So, the role attributed to the applicant. (A2) is that he had knowingly assisted' the process of money-laundering. 8. Learned Senior Advocate Shri Mundargi submitted that in the light of the order passed by the Supreme Court in respect of the accused No. 1 and having regard to the observations of the Special Court in paragraph 45 of the bail application preferred by this applicant, the applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot only the applicant has misused his authority but is also being proceeded against with under the Prevention of Corruption Act. It is submitted that merely because the accused No. 1 has been enlarged on bail is no reason to grant the applicant bail having regard to the serious nature of the accusations against him and the role played as an active participant not only in the generation of proceeds of crime but due to his involvement in the laundering of the said proceeds 10. Heard learned counsel. 11. The allegations and the role played by the applicant, that by the co-accused No. 1 is elaborated in the earlier part of this order. The relevant observations of the Special Court while rejecting the application for bail of the applicant are reproduced hereinbefore. The Special Court in paragraph 45 has observed that the role of the applicant is not of generating proceeds of crime as defined under section 2(1) (u) and laundering the same as per section 3 of the PML Act. It is further observed that it is not even the contention of ED that the applicant is beneficiary of proceeds of crime or recipient thereof. The Special Court recorded the contention that the applicant has not lau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith by the Special Court. The submission is in the teeth of the observations of the Special Court in paragraph 45 of the order. I have therefore not dealt with the other contentions of Shri Mundargi, learned senior advocate and Shri Chavan as I am more than satisfied that as the co-accused No. 1 who is the prime accused having been enlarged on bail by the Supreme Court in accordance with section 45(1)(ii) of the PMLA, even the present applicant can be enlarged on bail. Hence, the following order. ORDER (a) The bail application is allowed. (b) The applicant Jayram Vinayak Deshpande be released on bail in respect of ECIR/MBZO-I/57/2022 (PMLA Special Case No. 634 of 2023) on his furnishing P.R. Bond of Rs. 1,00,000/- (Rs. One Lakh) with one or more sureties in the like amount. (c) Until the applicant- Jayram Vinayak Deshpande furnishes surety, he be released on cash security of Rs. 1 lakh along with PR bond as directed above. (d) The applicant shall undertake not to leave India without prior permission of the Court and also deposit his passport with the Registrar(S) of the trial Court. (e) The applicant shall undertake not to pressurize the prosecu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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