9911796707
TMI Blog2024 (2) TMI 1425X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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. The Division Bench of this court has rejected anticipatory bail considering the aforesaid provisions in the case of Kishore Meena Vs. Union of India [ 2023 (1) TMI 1349 - MADHYA PRADESH HIGH COURT ]. In the case of P.Chidambaram Vs. Directorate of Enforcement [ 2019 (9) TMI 286 - SUPREME COURT ], the Apex Court observed that the power under section 438 of Cr.P.C is extra ordinary power and the same has to be exercise sparingly. The privilege of pre-arrest bail should be granted only in exceptional cases. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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 439 of Cr.P.C before this Court and this court granted regular bail under section 439 of Cr.P.C. 3. Since the alleged offence fell within the realm of Part A of Schedule of offences under the Prevention of Money Laundering Act, 2002 (for s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 have filed application for anticipatory bail in order to avoid appearance before the trial Court. He relied on the judgment passed by the Apex Court in the case of Vijay Madanlal Choudary VS Union of India passed in SLP (Cri) No.4634/2014 referring p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re 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 would not apply in such cases. The provision is otherwise as a presumption is attached that the accused is guilty and unless there are reasona ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... desivir injections to Praveen Fulke alias Sidhharth. 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. Thus, it is apparent that the applicant has committed the offence under section 3 of PMLC, 2002 and he knowingly assisted Sunil Mishra and others, and knowingly is a party, is actually involved in the process or activity connected with proceeds of crime including its concealment, possession, acquisition, use and projecting and claiming as untend ..... X X X X Extracts X X X X X X X X Extracts X X X X
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