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TMI Blog2023 (12) TMI 1318X X X X Extracts X X X X X X X X Extracts X X X X ..... NCT of Delhi), [ 2020 (1) TMI 1193 - SUPREME COURT] , the Constitutional Bench held that unusually, subject to the evidence produced, the Courts can impose restrictive conditions. The petitioner shall not influence, browbeat, pressurize, make any inducement, threat, or promise, directly or indirectly, to the witnesses, the Police officials, or any other person acquainted with the facts and the circumstances of the case, to dissuade them from disclosing such facts to the Police, or the Court, or to tamper with the evidence - Petitioner to comply with their undertaking made in the bail petition, made before this court through counsel as reflected at the beginning of this order. If the petitioner fails to comply with any of such undertakings, then on this ground alone, the bail might be canceled, and the victim/complainant may file any such application for the cancellation of bail, and the State shall file the said application. Any Advocate for the petitioner and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all conditions of this bail order in any language that the petitioner understands - If the petitioner finds bail condition(s) as vio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst Varinder Pal Singh Dhoot and other persons. In the said FIR, allegations were that the revenue officials misused their official position and wrongly allocated shamlat land amongst the residents of village Seonk. Although shamlat land has to be distributed by the revenue authorities as per order dated 01.07.2016 and mutation no. 1761, some beneficiaries were allocated extra land, and some were given less. In some instances, the land was given to those who were not eligible. Varinder Pal Singh Dhoot is the kingpin, and the petitioner is one of the main accused. Allegations are of receipt of money from property dealers, and the accused allegedly received a massive amount of money by misusing the government machinery. 5. I have heard counsel for the parties and gone through the pleadings. 6. It would be appropriate to refer to the complaint dated 16.06.2023 filed under Section 44 read with Section 45 of the PMLA for the commission of offence defined under Section 3 and punishable under Section 4 of PMLA by the Assistant Director, Directorate of Enforcement, Jalandhar Zone, Punjab. In the complaint, 13 persons have been arraigned as accused, including the petitioner, Hartej Singh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he said Power of Attorney, the rights of the land belonging to Gurtej Singh, Pal Singh, and Ram Krishan were illegally given to Balbir Singh (accused no.6). Allegations against the petitioner are that he received Rs. 50,000/- from Shyam Lal (accused no.5) for signing the said Power of Attorney for 2400 shares of which he was not entitled. 10. Out of a massive scam of Rs. 17 crores, the main accused got the benefit of around Rs. 15.73 crores, involving unexplained money of around Rs. 8 crores, and the benefit the petitioner got was just Rs. 50,000/-. Arrested for this violation and consequent illicit money, the petitioner has been in custody since 08.09.2023, i.e., for more than three months. 11. Section 45(1) of the Prevention of Money Laundering Act, 2002 [PMLA] requires satisfying the mandatory twin conditions before a person can be granted bail. The first condition is that the Public Prosecutor has been allowed to oppose the application. In the present case, not only was proper opportunity given, but they filed a reply, and their counsel was heard. As such, the first condition of S. 45 (1) has been complied with. The second condition is that where the Public Prosecutor opposes t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is alleged to have committed the offence. 45. It is, furthermore, trite that for the purpose of considering an application for grant of bail, although detailed reasons are not necessary to be assigned, the order granting bail must demonstrate application of mind at least in serious cases as to why the applicant has been granted or denied the privilege of bail. 46. The duty of the court at this stage is not to weigh the evidence meticulously but to arrive at a finding on the basis of broad probabilities. However, while dealing with a special statute like MCOCA having regard to the provisions contained in sub-section (4) of Section 21 of the Act, the court may have to probe into the matter deeper so as to enable it to arrive at a finding that the materials collected against the accused during the investigation may not justify a judgment of conviction. The findings recorded by the court while granting or refusing bail undoubtedly would be tentative in nature, which may not have any bearing on the merit of the case and the trial court would, thus, be free to decide the case on the basis of evidence adduced at the trial, without in any manner being prejudiced thereby We are in agreemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... poses the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail. of the Narcotics Drugs and Psychotropic Substances Act, 1985 [NDPS Act], is identical to S. 45 45. Offences to be cognizable and non-bailable. - (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; and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: Provided that a person, who, is under the age of sixteen years, or is a woman or is sick or infi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arty intercepted the petitioners along with another person riding on two motorcycles, they were found in possession of codeine phosphate in a consignment of phensedyl bottles loaded in two nylon bags. During the search, 115 bottles (100 ml. each) of phensedyl were recovered from the joint possession of the petitioners. They were arrested on the spot and have been in custody for more than one year and four months. [4]. The investigation is complete; chargesheet has been filed, though the charges are yet to be framed. The conclusion of trial will, thus, take some reasonable time, regardless of the direction issued by the High Court to conclude the same within one year from the date of framing of charges. The petitioners do not have any criminal antecedents. There is, thus, substantial compliance of Section 37 of the NDPS Act. 16. In the present case, the amount attributed to the petitioner is Rs. 50,000/- and there is no allegation of money laundering except receiving the financial benefit of Rs. 50,000/- ; as such, he is also entitled to the benefit of the proviso to S. 45(1) of PMLA. 17. As per paragraph 10 of the bail petition, the petitioner has been in custody since 08.09.2023. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... giving alternative options. Furthermore, there should be no insistence to provide permanent addresses when people either do not have permanent abodes or intend to re-locate. 21. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above, in the following terms: (a). Petitioner to furnish personal bond of Rs. Ten thousand (INR 10,000/); AND (b) To give one surety of Rs. Twenty-five thousand (INR 25,000/- ), to the satisfaction of the concerned court, and in case of non-availability, to any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned officer/court must satisfy that if the accused fails to appear in court, then such surety can produce the accused before the court. OR (b). Petitioner to hand over to the concerned court a fixed deposit for Rs. Ten thousand only (INR 10,000/- ), with the clause of automatic renewal of the principal and the interest reverting to the linked account, made in favor of the 'Chief Judicial Magistrate' of the concerned district, or blocking the aforesaid amount in favour of the concerned 'Chief Judicial Magistrate'. Said fixe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bers] and not on post-paid connections or landline numbers. The petitioner must comply with this condition within fifteen days of release from prison. The concerned DySP shall also direct all the telecom service providers to deactivate all prepaid SIM cards and prepaid mobile numbers issued to the petitioner, except the one that is mentioned as the primary number/ default number linked with the AADHAAR card and further that till the no objection from the concerned SHO, the mobile service providers shall not issue second pre-paid SIM/ mobile number in the petitioner's name. Since, as on date, in India, there are only four prominent mobile service providers, namely BSNL, Airtel, Vodafone-Idea, and Reliance Jio, any other telecom service provider are directed to comply with the directions of the concerned Superintendent of Police/Commissioner of Police, issued in this regard and disable all prepaid mobile phone numbers issued in the name of the petitioner, except the main number/default number linked with AADHAR, by taking such information from the petitioner's AADHAR details or any other source, for which they shall be legally entitled by this order. This condition shall cont ..... X X X X Extracts X X X X X X X X Extracts X X X X
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