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TMI Blog2024 (9) TMI 1419X X X X Extracts X X X X X X X X Extracts X X X X ..... ded on 21.10.22 based on FIR No.141/2022 dated 4.6.22 registered by Bariatu Police Station for the offence under sections 420, 467 and 471 of the Indian Penal Code against one Pradeep Bagchi, resident of Ward No. 21, Flat No.101 Lotus Garden Complex, Block 'B', P.S. Bariatu, District-Ranchi, based upon a complaint of Dilip Sharma, Tax Collector, Ranchi Municipal Corporation. It has been alleged that said Pradeep Bagchi submitted forged papers and documents obtaining holding numbers and after verification the same was found fake. It has been alleged that fake, forged and fictitious documents were used to obtain the holding numbers. The matter regarding the reasons of opening holding number of the property bearing M.S. Plot No. 557 Mouza Morabadi was investigated under PMLA 2002 and it was revealed that Pradeep Bagchi obtained above holding numbers and prepared a fake Deed No.4369/1932 of the property M.S. Plot No. 557, Mouza Morabadi measuring 4.55 acres from the office of Registrar of Assurances, Kolkata and sold it to one Company M/s. Jagatbandhu Tea Estate Pvt. Ltd., surveys were conducted u/s 16 of the PMLA 2002 at the office of the Registrar of Assurances, Kolkata and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allegations that the petitioner accumulated or collected huge amount or any disbursement amount from the proceeds of crime. He submits that the only allegations are there of transaction of Rs. 14,80,000/- with one of the co-accused Pradeep Bagchi and Rs. 5,50,000/- was alleged shown in the account of the petitioner's wife. He submits that Pradeep Bagchi is known to the petitioner since long and as a family friend both persons share money to each other sometimes and in view of that the amount was transferred in the account of the wife of the petitioner. According to him even if that is said to be proceeds of crime the said amount is very less than one crore and in view of that Section 45 of the Prevention of Money Laundering Act, 2002 is not coming in the way of the petitioner to enlarge him on regular bail. According to him there is no direct evidence as against this petitioner that he has manufactured or prepared any individual document save and except to vague confession of co-accused having no evidentiary value in the eyes of law. He then submits that the petitioner is not the accused so far as any schedule offence as required and mandatory to implicate a person for the offence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her than terrorist organisation, whether systematic or otherwise, which is concerned with, or involved in, terrorist act; ..............................................................." There is not even an allegation in the charge sheet that the appellant was a member of any terrorist gang. As regards the second part of being a member of a terrorist organisation, as per Section 2(m), a terrorist organisation means an organisation listed in the first schedule or an organisation operating under the same name as the organisation was listed. The charge sheet does not mention the name of the terrorist organisation within the meaning of Section 2(m) of which the appellant was a member. We find that the PFI is not a terrorist organisation, as is evident from the first schedule." 7. Relying on the above judgment, learned counsel for the petitioner submits that in that case also it was considered that the bail is rule and jail is the exception which is settled law and even in the stringent conditions are there and if a case of bail is made out, the High Court is required to pass appropriate order of bail. Learned counsel appearing for the petitioner lastly relied in the case of Prem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rty having commercial value of Rs. 41,51,68,390/- is situated at MS Plot No. 557, Mouja Morabadi Ranchi at measuring 4.55 acres as per the minimum effective value per decimal fix by District Registrar Ranchi effective from 01.08.2021 in addition to the above proceeds of crime amounting to Rs. 25 lakhs received from the Jagatbandhu Tea Estate Pvt. Ltd. on the directions of Afsar Ali, who is the petitioner. He gave Rs. 1 Crore to Accused Chhavi Ranjan for undue favours. He submits that from the house of the petitioner several forged documents have been recovered which has also found in the investigation and part of the complaint in page no. 80 is in the tabular form and there are 27 forged deeds which were prepared by the petitioner and the petitioner was the gang leader of creating such forged deeds and the modus operandi to manage through the office of the Registrar of Assurances at Kolkata and in the said documents photographs are also a part of the complaint case. He submits that there is a serious allegation against the petitioner of creating forged documents. And he has further been implicated in two cases being the ECIR Cases. On these grounds, he submits that the case of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to be a government employee of RIMS. The details of said fake Kolkata deeds have disclosed in paragraph 9.6.2 in a tabular chart which is 35 in numbers. In paragraph 9.6.3 it has been disclosed that the registration of landed properties of Bihar (Jharkhand was part of Bihar) state were joined at Kolkata at the office of Registrar of Assurances. This continued till 1991 after which the registration of Bihar Properties, which included the present Jharkhand, became mandatory to the concerned/jurisdictional land registration offices. The accused persons thus, deliberately manufactured back dated deeds of the targeted landed properties, from Kolkata and planted it in original registers available at the records of Registrar of Assurances (Records), Kolkata. After planting such fake deeds, the accused persons used to obtain the certified copies of those deeds and then used to dispose them in connivance with each other. During course of searches, the mobile phone of Md. Saddam Hussain, accused no. 7 was recovered and seized. The analysis of the mobile phone led to the discovery of one image in which it was found that the accused persons are in possession of old original register of Regis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me Court has granted bail considering that there is no allegation in the charge sheet of the Jalaluddin Khan that he was a member of any terrorist gang and the Hon'ble Supreme Court found that on plain reading of the charge sheet, it is not possible to record a conclusion that there was reasonable grounds for believing that the allegation against the Jalaluddin Khan of commission of offences punishable under the UAPA is prima facie true and he was in jail custody since two years and in that background the bail was granted. The case of the petitioner is in different footing and that the judgment is also not helping the petitioner. Further, in the case of Prem Prakash relied by the learned counsel appearing for the petitioner is concerned that is distinguishable in light of paragraph nos. 16, 35, 36, 42 and 43 of the said judgment, which are as under:- "16. The contention of the prosecution is that (i) the appellant connived with accused persons, namely, Afshar Ali, Saddam Hussain and others who created a forged Sale Deed No. 184 of 1948, and on the strength of the sale deed the property was sold by Rajesh Rai (associate of Afshar Ali) to Punit Bhargava a close associate of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen Deputy Commissioner - Chhavi Ranjan and told him that the registry of the Cheshire Home property was to be done after removing the vigilance observed by the Police. Thereafter, the appellant fixed the consideration of Rs. 1.5 crores and after accepting the consideration as fixed, he requested the appellant to arrange for unblocking the two plots of land, which were blocked by the Deputy Commissioner Office. That the appellant demanded Rs. 1 crore for the above work and the amount was adjusted in the said consideration and that it was appellant who asked to do the registration in the name of Punit Bhargava. He also stated that it was the appellant who fixed the deal with Bishnu Kumar Agarwal. 42. We, prima facie, find that from the statements of the appellant and also from the other statements and other material relied upon by the investigating agency, there is nothing to indicate that the petitioner was involved in the creation of the forged deed nor had any knowledge of the forged sale deed of 1948. In the order enlarging Bishnu Kumar Agarwal on bail it was observed that-it was a plausible view to hold that Bishnu Kumar Agarwal was a bonafide purchaser of the property concer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be carefully measured before enlarging the accused on bail. Socio economic offences constituted a class apart and need to be visited with different approach in the matter of bail since socio economic offences have deep-rooted conspiracies affecting moral fibre of society and causing irreparable harm. Moreover, investigating agency was in process of expediting the trial. The reference may be made to the case of Christian Michel James Versus Directorate of Enforcement reported 2022 SCC Online Del 731 paragraphs 37 and 38 two of the Hon'ble Supreme Court judgment was considered by the Delhi high court which is as under:- "37. In respect of the considerations relevant to the grant of bail, this Court deems it profitable to advert to the decision in Anil Kumar Yadav case, where it has been observed as follows:- "17. While granting bail, the relevant considerations are : (i) nature of seriousness of the offence; (ii) character of the evidence and circumstances which are peculiar to the accused; and (iii) likelihood of the accused fleeing from justice; (iv) the impact that his release may make on the prosecution witnesses, its impact on the society; and (v) likelihood o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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