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TMI Blog2024 (4) TMI 1184X X X X Extracts X X X X X X X X Extracts X X X X ..... soever. Further, it is evident from the judicial pronouncement as discussed above that in order to constitute any property as proceeds of crime, it must be derived or obtained directly or indirectly by any person as a result of criminal activity relating to a scheduled offence. The explanation clarifies that the proceeds of crime include property, not only derived or obtained from scheduled offence but also any property which may directly or indirectly be derived or obtained as a result of any criminal activity relatable to the scheduled offence. Clause (u) also clarifies that even the value of any such property will also be the proceeds of crime and in the instant case from perusal of paragraph of the prosecution complaint it is evident that the petitioner is not only involved rather his involvement is direct in procuring the proceeds of crime by way of connivance with the other accused persons. Thus, even if the entire ECIR will be taken into consideration, no offence will be said to be committed so as to attract the ingredients of Sections 3 4 of the P.M.L. Act, 2002, is totally misplaced in the light of accusation as mention in prosecution complaint. Principle of parity - HELD ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lip Kumar Ghosh, is quite different. The applicant/petitioner failed to make out a case for exercise of power to grant bail and considering the facts and parameters, this Court therefore does not find any exceptional ground to exercise its discretionary jurisdiction under Section 439 of the Code of Criminal Procedure to grant bail - this Court is of the view that the bail application is liable to be rejected. Bail application dismissed. - HON BLE MR. JUSTICE SUJIT NARAYAN PRASAD For the Petitioner : Mr. Indrajit Sinha, Advocate Mr. Sneh Singh, Advocate For the Opp. Party : Mr. Anil Kumar, Addl. S.G.I. Ms. Chandana Kumari, AC to Addl. SGI Prayer 1. The instant application has been filed under Sections 439 and 440 of Code of Criminal Procedure for grant of regular bail to the petitioner, in connection with ECIR Case No.01 of 2023 in ECIR-RNZO/18/2022, dated 21.10.2022 registered for the alleged offence under Section 3 punishable under Section 4 of the Prevention of Money Laundering Act, 2002, now pending in the Court of Special Judge, P.M.L.A. at Ranchi. Facts/Prosecution case 2. The prosecution story in brief, as per the allegation made in the instant ECIR/complaint, reads as unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Confiar Projects Pvt. Ltd. in its Axis Bank account 91802000064516549. Proceeds of crime amounting to Rs.12,35,56,621/- were credited during period 15.06.2019 to 07.06.2023 out of which Rs.1,28,74000 was siphoned off in cash. The accused person used his bank accounts for placement layering and integration of the proceeds of crime. 8. Accordingly, the present petitioner has been arrested under section 19 of PML, Act 2002 accordingly the petitioner had preferred the Misc. Cri. Application No. 2533 of 2023 for grant of his bail but the same was rejected vide order dated 25.08.2023 by the AJC-I-Cum Special Judge, CBI-CumSpecial Judge under PMLA at Ranchi. 9. Hence, the present petition has been preferred for the grant of bail. Argument on behalf of the learned counsel for the petitioner 10. Mr. Indrajit Sinha, learned counsel appearing for the petitioner has taken the following grounds that: - (i) Even if the entire ECIR will be taken into consideration, no offence will be said to be committed so as to attract the ingredients of Sections 3 4 of the P.M.L. Act, 2002. (ii) The proceeds of crime are only be said to be proceeds of crime, if it is obtained from the scheduled offence. (iii) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been dismissed by this Court vide order dated 01.03.2024 passed in B.A. No.7343 of 2023. 14. Learned counsel for the Opp. Party-ED, based upon the aforesaid ground, has submitted that it is not a fit case for grant of regular bail in favour of the petitioner. Analysis 15. Heard the learned counsel for the parties and perused the documents available on record. 16. This Court, before appreciating the argument advanced on behalf of the parties, deems it fit and proper to discuss herein some of the provision of law, as contained under the P.M.L. Act, 2002 (hereinafter referred to as the Act 2002 ) with its object and intent as also the legal proposition as settled by the Hon'ble Apex Court in various judgments. 17. The Act, 2002 was enacted to address the urgent need to have a comprehensive legislation inter alia for preventing money-laundering, attachment of proceeds of crime, adjudication and confiscation thereof including vesting of it in the Central Government, setting up of agencies and mechanisms for coordinating measures for combating money-laundering and also to prosecute the persons indulging in the process or activity connected with the proceeds of crime. 18. The issues ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trial nations, held in Paris from 14th to 16th July, 1989, to examine the problem of money-laundering has made forty recommendations, which provide the foundation material for comprehensive legislation to combat the problem of money-laundering. The recommendations were classified under various heads. Some of the important heads are (i) declaration of laundering of monies carried through serious crimes a criminal offence; (ii) to work out modalities of disclosure by financial institutions regarding reportable transactions; (iii) confiscation of the proceeds of crime; (iv) declaring money-laundering to be an extraditable offence; and (v) promoting international co-operation in investigation of money-laundering. (d) the Political Declaration and Global Programme of Action adopted by United Nations General Assembly by its Resolution No. S-17/2 of 23rd February, 1990, inter alia, calls upon the member States to develop mechanism to prevent financial institutions from being used for laundering of drug related money and enactment of legislation to prevent such laundering. (e) the United Nations in the Special Session on countering World Drug Problem Together concluded on the 8th to the 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on as a result of criminal activity relating to a scheduled offence or the value of any such property or where such property is taken or held outside the country but by way of explanation the proceeds of crime has been given broader implication by including property not only derived or obtained from the scheduled offence but also any property which may directly or indirectly be derived or obtained as a result of any criminal activity relatable to the scheduled offence. 26. The property has been defined under Section 2(1)(v) which means any property or assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and includes deeds and instruments evidencing title to, or interest in, such property or assets, wherever located. 27. The schedule has been defined under Section 2(1)(x) which means schedule to the Prevention of Money Laundering Act, 2002. The scheduled offence has been defined under Section 2(1)(y) which reads as under: 2(y) scheduled offence means (i) the offences specified under Part A of the Schedule; or (ii) the offences specified under Part B of the Schedule if the total value involved in such offences is [one crore rupee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... possession or acquisition or use or projecting it as untainted property or claiming it as untainted property in any manner whatsoever. 32. The punishment for money laundering has been provided under Section 4 of the Act, 2002. 33. Section 50 of the Act, 2002 confers power upon the authorities regarding summons, production of documents and to give evidence. For ready reference, Section 50 of the Act, 2002 reads as under: 50. Powers of authorities regarding summons, production of documents and to give evidence, etc. (1) The Director shall, for the purposes of section 13, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely: (a) discovery and inspection; (b) enforcing the attendance of any person, including any officer of a [reporting entity] and examining him on oath; (c) compelling the production of records; (d) receiving evidence on affidavits; (e) issuing commissions for examination of witnesses and documents; and (f) any other matter which may be prescribed. (2) The Director, Additional Director, Joint Director, Deputy Director or Assistant Director shall have power ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be held guilty of offence of money-laundering. If the interpretation set forth by the petitioners was to be accepted, it would follow that it is only upon projecting or claiming the property in question as untainted property, the offence would be complete. This would undermine the efficacy of the legislative intent behind Section 3 of the Act and also will be in disregard of the view expressed by the FATF in connection with the occurrence of the word and preceding the expression projecting or claiming therein. This Court in Pratap Singh v. State of Jharkhand, enunciated that the international treaties, covenants and conventions although may not be a part of municipal law, the same be referred to and followed by the Courts having regard to the fact that India is a party to the said treaties. This Court went on to observe that the Constitution of India and other ongoing statutes have been read consistently with the rules of international law. It is also observed that the Constitution of India and the enactments made by Parliament must necessarily be understood in the context of the present-day scenario and having regard to the international treaties and convention as our constitution ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... investigation or proceeding under this Act. We have already highlighted the width of expression proceeding in the earlier part of this judgment and held that it applies to proceeding before the Adjudicating Authority or the Special Court, as the case may be. Nevertheless, sub-section (2) empowers the authorised officials to issue summon to any person. We fail to understand as to how Article 20(3) would come into play in respect of process of recording statement pursuant to such summon which is only for the purpose of collecting information or evidence in respect of proceeding under this Act. Indeed, the person so summoned, is bound to attend in person or through authorised agent and to state truth upon any subject concerning which he is being examined or is expected to make statement and produce documents as may be required by virtue of sub-section (3) of Section 50 of the 2002 Act. The criticism is essentially because of subsection (4) which provides that every proceeding under sub-sections (2) and (3) shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the IPC. Even so, the fact remains that Article 20(3) or for that matter Section 25 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l evidentiary acts of the person, as opposed to the negative attitude of silence or submission on his part. Nor is there any reason to think that the protection in respect of the evidence so procured is confined to what transpires at the trial in the court room. The phrase used in article 20(3) is to be a witness and not to appear as a witness . It follows that the protection afforded to an accused in so far as it is related to the phrase to be a witness is not merely in respect of testimonial compulsion in the court room but may well extend to compelled testimony previously obtained from him. It is available therefore to a person against whom a formal accusation relating to the commission of an offence has been levelled which in the normal course may result in prosecution. Whether it is available to other persons in other situations does not call for decision in this case. (emphasis supplied) 431. In the context of the 2002 Act, it must be remembered that the summon is issued by the Authority under Section 50 in connection with the inquiry regarding proceeds of crime which may have been attached and pending adjudication before the Adjudicating Authority. In respect of such action, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of his claim. That would be a matter of rule of evidence. 434. It is, thus, clear that the power invested in the officials is one for conducting inquiry into the matters relevant for ascertaining existence of proceeds of crime and the involvement of persons in the process or activity connected therewith so as to initiate appropriate action against such person including of seizure, attachment and confiscation of the property eventually vesting in the Central Government. 37. It is evident from the observation so made, as above that the purposes and objects of the 2002 Act for which it has been enacted, is not limited to punishment for offence of money-laundering, but also to provide measures for prevention of money-laundering. It is also to provide for attachment of proceeds of crime, which are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceeding relating to confiscation of such proceeds under the 2002 Act. This Act is also to compel the banking companies, financial institutions and intermediaries to maintain records of the transactions, to furnish information of such transactions within the prescribed time in terms of Chapt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 45 has been interpreted by the Hon ble Apex Court in Vijay Madanlal Choudhary and Ors. Vs. Union of India and Ors. (supra) at paragraphs-371 to 374. For ready reference, the said paragraphs are being referred as under: 371. The relevant provisions regarding bail in the 2002 Act can be traced to Sections 44(2), 45 and 46 in Chapter VII concerning the offence under this Act. The principal grievance is about the twin conditions specified in Section 45 of the 2002 Act. Before we elaborate further, it would be apposite to reproduce Section 45, as amended. The same reads thus: 45. Offences to be cognizable and non-bailable. (1) [Notwithstanding anything contained in the Criminal Procedure Code, 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 an 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ilty of such offence; and (ii) that he is not likely to commit any offence while on bail. 373. According to the petitioners, since the twin conditions have been declared to be void and unconstitutional by this Court, the same stood obliterated. To buttress this argument, reliance has been placed on the dictum in State of Manipur. 374. The first issue to be answered by us is: whether the twin conditions, in law, continued to remain on the statute book post decision of this Court in Nikesh Tarachand Shah and if yes, in view of the amendment effected to Section 45(1) of the 2002 Act vide Act 13 of 2018, the declaration by this Court will be of no consequence. This argument need not detain us for long. We say so because the observation in State of Manipur in paragraph 29 of the judgment that owing to the declaration by a Court that the statute is unconstitutional obliterates the statute entirely as though it had never been passed, is contextual. In this case, the Court was dealing with the efficacy of the repealing Act. While doing so, the Court had adverted to the repealing Act and made the stated observation in the context of lack of legislative power. In the process of reasoning, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made under Section 439 Cr. P.C. in view of the overriding effect given to the PML Act over the other law for the time being in force, under Section 71 of the PML Act. 45. The Hon ble Apex Court in the said judgment has further laid down that the twin conditions as to fulfil the requirement of Section 45 of the Act, 2002 before granting the benefit of bail is to be adhered to which has been dealt with by the Hon ble Apex Court in Vijay Madanlal Choudhary and Ors. Vs. Union of India and Ors.(supra) wherein it has been observed that the accused is not guilty of the offence and is not likely to commit any offence while on bail. 46. In the judgment rendered by the Hon ble Apex Court in Vijay Madanlal Choudhary and Ors. Vs. Union of India and Ors. (supra) as under paragraph-284, it has been held that the Authority under the 2002 Act, is to prosecute a person for offence of money- laundering only if it has reason to believe, which is required to be recorded in writing that the person is in possession of proceeds of crime . Only if that belief is further supported by tangible and credible evidence indicative of involvement of the person concerned in any process or activity connected with t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n application for bail made under Section 439 CrPC. That coupled with the provisions of Section 24 provides that unless the contrary is proved, the authority or the Court shall presume that proceeds of crime are involved in moneylaundering and the burden to prove that the proceeds of crime are not involved, lies on the appellant. 49. The Hon ble Apex Court, in the case of Tarun Kumar vs. Assistant Director Directorate of Enforcement (supra) has again reiterated the implication of Sections 45 and the principle of parity at paragraphs-17 and 18. The issue of parity has been considered by the Hon ble Apex Court at paragraph-18 by making observation therein that parity is not the law. While, applying the principle of parity, the Court is required to focus upon the role attached to the accused, whose application is under consideration. For ready reference, paragraph- 18 read as under: 18. The submission of learned Counsel Mr. Luthra to grant bail to the appellant on the ground that the other co-accused who were similarly situated as the appellant, have been granted bail, also cannot be accepted. It may be noted that parity is not the law. While applying the principle of parity, the Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bail is the rule, jail is the exception - unless circumstances justify otherwise - does not find any place while dealing with bail applications under UAP Act. The exercise of the general power to grant bail under the UAP Act is severely restrictive in scope. The form of the words used in proviso to Section 43D (5)- shall not be released in contrast with the form of the words as found in Section 437(1) CrPC - may be released - suggests the intention of the Legislature to make bail, the exception and jail, the rule. 51. The reason for making reference of this judgment is that in the case of Satender Kumar Antil vs. CBI and Anr., the U.A.(P) Act has also been brought under the purview of category c wherein, while laying observation that in the U.A.(P) Act, it comes under the category c which also includes money laundering offence wherein the bail has been directed to be granted if the investigation is complete but the Hon'ble Apex Court in Gurwinder Singh Vrs. State of Punjab and Anr. (supra) has taken the view by making note that the penal offences, as enshrined under the provision of U.A.(P) Act are also under category c making reference that jail is the rule and bail is the exc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... han was involved in the sale of land at plot no. 668, Khata no. 29 at Morabadi, Ranichi. The sale proceeds were routed into Green Traders through the account of associates. He further stated in his statement dated 18.04.2023 that the transactions with Talha Khan, Imtiaz Ahmed, Falyaz Khan, Pradip Bagchi and Afshar Ali appearing into the account of Green Traders have been made on the directions of Afshar Ali Afsu Khan. He further stated that the accused person Afshar Ali has been using bank accounts of his firm Green Traders and his company F2R Constructions Pvt. Ltd. as per his discretions. During his statement dated 26.04.2023 (RUD No. 60) has stated that one Rajdeep Kumar (associate of Prem Prakash) arranged meeting with the accused Chhavi Ranjan regarding the property of 4.55 acres (in possession of the army). He went to the office of the accused Chhavi Ranjan along with Rajdeep Kumar and Afshar Ali where Circle Officer Manoj Kumar was also present. He further stated that Mr. Chhavi Ranjan after the discussion, directed the Circle Officer Manoj Kumar to conduct verification regarding the claim of Pradip Bagchi from the office of Registrar of Assurances (records), Kolkata. He fur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 96 decimals at Mauja Kanke, Ranchi and sold this land to several persons. The power of attorney was taken on the directions of Afshar Ali. He has also accepted that he has obtained the power of attorney of a plot of land at Khata no. 4, Plot no. 1967, and Khata no. 25, Pinot no. 1989 from Lakhan Singh on the directions of Afshar Ali. He has also accepted that on the directions of Afshar Ali, land was acquired in frivolous manner which was situated at Plot no. 1965 admeasuring 1.79 acres and plot no. 1966 admeasuring 1.93 acres in which the power of attorney was given to Bharat Prasad on directions of Afshar All. Similarly, he has stated that on directions of Afshar Ali, he obtained a power of attorney for a land admeasuring 13.98 acres situated at Plot no. 1942, Khata no. 197. During searches on 13.04.2023, the property documents were recovered from his residence (RUD No. 22). It is evident that the accused person has dealt with several landed properties in a fake and frivolous manner with his associate Afshar Ali and his accomplices namely Bharat Prasad, Lakhan Singh, Rajesh Ral and others. These properties have been sold to different persons in which the cash amount has been dist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2023, (RUD No. 68 69) he stated that he had entered into an agreement with Pradip Bagchi for a 60 decimal land situated at Bariyatu, Ranchi for an amount of Rs. 4 crores on 19.02.2022. The agreement was mediated by Afshar Ali and token money of Rs, 20 lacs was paid to Afshar Ali on 19.02.2022. For this, he had also paid an additional amount and the total amount paid to Afshar Ali, Md. Saddam Hussain and Pradip Bagchi for obtaining the power of attorney from Pradip Bagchi was Rs. 50 lacs. Further, Md. Saddam Hussain, Pradip Bagchi and Afshar Ali were working as a team and as per the directions of Afshar Ali, he paid money to all of them. Out of this 60-decimal plot, he had sold them to three persons at the rate of Rs. 8 lacs per decimal in the registry completed in the month of July, 2022. He further stated that he is the director of a company Confiar Projects Pvt. Ltd, with his father Salik Akhtar. On being asked about huge cash deposits amounting to Rs. 87,97,029 in his Axis Bank, Bariyatu account bearing no. 918020064516549 (RUD No. 102), he stated that this was the proceeds of the sales of land and was deposited by him. On being asked about cash withdrawal of Rs. 1,28,74,000 fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Ranchi admeasuring 4.55 acres and sold it to Dilip Kumar Ghosh who was working under Amit Kumar Agarwal. He further stated that he was under pressure by Dilip Kumar Ghosh and Afshar Ali not to take the name of Amit Kumar Agarwal and if he does so, he would not get any work in future. He further stated that Afshar Ali, Imtiaz Ahmed, Falyaz Khan, Talha Khan Sunny are experts in altering old property deeds. Falysis Khan is the dniver of Afshar All and works for him in creating fake documents These persons have forged stamps/seals which they use in making fake sale deeds. They have good contacts with Land Registry offices and one of the said officers is Bhanu Pratap Prasad who works in Cinde Office, Baragal, Ranchi. Bhanu Pratap Prasad assists Afshar All and others in acquiring properties illegally. In his statement dated 17.04.2023 (RUD No. 51), he stated that on directions of Afshar All, he stood as the owner of the property of 60 decimals at Khata no. 29, Plot no. 66ti at Morabadi, P.S Banyatu, Ranchi for money. Afshar All arranged fake deed of the year 1943 and executed it in name of his deceased father Prafulia Bagchi, son of Mohini Bagchi. As per instructions of Afshar All, he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me through his company Confiar Projects Pvt. Ltd. in its Axis Bank account 91802000064516549. Proceeds of crime amounting to Rs.12,35,56,621 were credited during period 15.06.2019 to 07.06.2023 out of which Rs.1,28,74000 was siphoned off in cash. The accused person used his bank accounts for placement layering and integration of the proceeds of crime. The said amount were also transferred to other accused persons. Thus, the accused person was knowingly a party and actually involved with the other accused persons in activity connected with the proceeds of crime i.e. its acquisition, use and projecting and claiming the proceeds of crime as untainted property. Thus, the accused person has committed the offence of money laundering under section 3 of PMLA, 2002 and is liable to be punished under section 4 of PMLA, 2002. Assisted other accused persons in arranging buyers of fraudulently acquired lands. Entered into an agreement for 60 decimal land situated at Bariyatu, Ranchi for an amount of Rs.4 crores on 19.02.2022. 55. It has come on record that the searches were conducted on 13.04.2023 and 10 numbers of manufactured stamps/seals were seized from the premises of one of the accomplice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... surances, Kolkata, falsely showing an amount of Rs. 4 crores. The accused person acquired proceeds of crime through his company, Confiar Projects Pvt. Ltd., account 921020002279585 maintained at Axis Bank. In his Axis Bank account, 9180200064516549, proceeds of crime amounting to Rs. 12,35,56,621 were credited during the period from June 15, 2019, to June 7, 2023, out of which Rs. 1,28,74,000 was siphoned off in cash. When asked about the significant cash deposits totaling Rs.87,97,029 in his Axis Bank Bariyatu account bearing no. 918020064516549, he stated that this was the proceeds deposited from the sale of land by him. The accused person used his bank accounts for placement, layering, and integration of the proceeds of crime. The said amount was also transferred to other accused persons. 59. Further, the statement of Sadam Hussain mentioned in paragraph-8.4 of the prosecution complaint reveals that the petitioner was involved in money laundering. The petitioner, Talha Khan @ Sunny, has also transferred Rs. 44 Lakhs into the bank account of F2R Constructions Pvt. Ltd., which is a company of Md. Saddam Hussain and Imtiaz Ahmed. Thus, it reveals that Afshar Ali, Md. Saddam Hussain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reensoil Enterprises. 64. The statement of Pradeep Bagchi, as mentioned in paragraph 8.6 of the prosecution complaint, reveals the involvement of Afshar Ali, Imtiaz Ahmed, Md. Saddam Hussain, Talha Khan @ Sunny (the present petitioner), and Faiyaz Khan in manipulating sale deeds of landed properties. They paid him money to stand as the owner property on of the forged sale deeds. Bagchi further disclosed that he had signed as approximately five sale deeds, the owner for of which he received money from the aforementioned persons. He also mentioned that, at the direction of Afshar Ali, he posed as the owner of a property and Afshar Ali arranged a fake deed dating back to year 1943, executed in the name of his deceased father, Prafulla Bagchi, son of Mohini Bagchi and on instruction of Afshar Ali, he entered into a sale agreement with present petitioner, i.e., Talha Khan @ Sunny. Pradeep Bagchi also stated that an account was opened in his name at HDFC Bank, which Afshar Ali and Talha Khan operated according to their wishes. They had also obtained his signatures on blank cheques, and its bank passbooks were also taken by them. 65. The three Judges Bench of the Hon ble Apex Court in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of Imtiyaz Ahmad which was recorded at para 8.5 of the prosecution complaint u/s 50 of the PMLA, 2002 reveals that he had made payment to the petitioner and others as mentioned in the diary. Faiyaz Khan in his statement recorded at para-8.6 of the prosecution complaint also admitted that he has been mentioning an Axis bank account bearing no. 920010047770735 in which several larger value transactions with petitioner and others have been made. 70. Further, the petitioner Talha Khan @ Sunny himself admitted in his statement recorded under Section 50 of the P.M.L.A. that he had entered into an agreement with Pradeep Bagchi for 60 decimal land situated at Bariatu, Ranchi of an amount of Rs. 4 crores on 19.02.2022. The agreement was mediated by Afsar Ali and token money of Rs. 20 lacs was paid to Afsar Ali on 19.02.2022. He has also admitted that the petitioner along with other co-accused, were working as a team, as per directions of Afsar Ali. He paid money to all of them. He also disclosed that amount Rs. 87,97,029/- cash deposited by him in his Axis Bank, Bariatu account bearing no. 918020064516549. He stated that this amount was the proceeds of the sales of land and was deposite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igation is complete does not necessarily confer a right on the accused/petitioner to be released on bail. 76. In the context of aforesaid contention of learned counsel for the petitioner, it would be relevant to note here that in the instant case mere filing of the charge-sheet does not cause material change in circumstances. 77. Further, it is settled proposition of law that the filing of chargesheet is not a circumstance that tilts the scales in favour of the accused for grant of bail and needless to say, filing of the charge-sheet does not in any manner lessen the allegations made by the prosecution. 78. At this juncture, it would be apposite to refer to the decision of Hon'ble Supreme Court rendered in the case of Virupakshappa Gouda Vs. State of Karnataka, (2017) 5 SCC 406, wherein, at paragraph-12, the Hon ble Apex Court has observed as under: 12. On a perusal of the order passed by the learned trial Judge, we find that he has been swayed by the factum that when a charge-sheet is filed it amounts to change of circumstance. Needless to say, filing of the charge-sheet does not in any manner lessen the allegations made by the prosecution. On the contrary, filing of the charg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he nature of proceedings, be it under Section 438 of the 1973 Code or 439 for that matter, by invoking the jurisdiction of the Constitutional Court, the underlying principles and rigors of Section 45 of the 2002 must come into play and without exception ought to be reckoned to uphold the objectives of the 2002 Act, which is a special legislation providing for stringent regulatory measures for combating the menace of money-laundering. 85. Therefore, the conditions enumerated in Section 45 of P.M.L.A. will have to be complied with even in respect of an application for bail made under Section 439 Cr.P.C. That coupled with the provisions of Section 24 provides that unless the contrary is proved, the authority or the Court shall presume that proceeds of crime are involved in moneylaundering and the burden to prove that the proceeds of crime are not involved, lies on the appellant. 86. As discussed above, the offence of money-laundering means whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime including its concealment, possession, acquisition or use and p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r a case for the grant of bail on the basis of parity has been established. Reference in this regard may be made to the judgment rendered by the Hon ble Apex Court in the case of Ramesh Bhavan Rathod vs. Vishanbhai Hirabhai Makwana, reported in (2021) 6 SCC 230, wherein, it has been held as under: 25. We are constrained to observe that the orders passed by the High Court granting bail fail to pass muster under the law. They are oblivious to, and innocent of, the nature and gravity of the alleged offences and to the severity of the punishment in the event of conviction. In Neeru Yadav v. State of U.P. [Neeru Yadav v. State of U.P., (2014) 16 SCC 508 :] , this Court has held that while applying the principle of parity, the High Court cannot exercise its powers in a capricious manner and has to consider the totality of circumstances before granting bail. This Court observed : (SCC p. 515, para 17) 17. Coming to the case at hand, it is found that when a stand was taken that the second respondent was a history-sheeter, it was imperative on the part of the High Court to scrutinise every aspect and not capriciously record that the second respondent is entitled to be admitted to bail on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the principle of parity, the Court is required to focus upon the role attached to the accused whose application is under consideration. 92. It has further been held at paragraph-19 of the said judgment that the principle of parity is to be applied in the matter of bail but equally it has been laid down therein that there cannot be any negative equality, meaning thereby, that if a co-accused person has been granted bail without consideration of the factual aspect or on the ground said to be not proper, then, merely because the co-accused person has been directed to be released on bail, the same will not attract the principle of parity on the principle that Article 14 envisages positive equality and not negative equality. For ready reference, relevant paragraph, i.e., paragraph-19, of the aforesaid judgment reads as under: 19. It is axiomatic that the principle of parity is based on the guarantee of positive equality before law enshrined in Article 14 of the Constitution. However, if any illegality or irregularity has been committed in favour of any individual or a group of individuals, or a wrong order has been passed by a judicial forum, others cannot invoke the jurisdiction of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on the ground that the said Dilip Kumar Ghosh has been granted bail, has already considered the imputation against the present petitioner, which has already been mentioned in preceding paragraphs. 98. On comparative assessment of the allegation as per the material collected in course of investigation as referred hereinabove, it is evident that against the said Dilip Kumar Ghosh, the allegation of purchase of the land in question has been alleged and further allegation against him is that he is involved in the activities connected with the acquisition, possession, concealment and use of the proceeds of crime and claiming and projecting the proceeds of crime as untainted property. 99. Therefore, it is evident from the discussion as made above that the case of the petitioner is different to that of the said Dilip Kumar Ghosh as per the allegation and it is pertinent to mention here that the bail of accused no.3 Amit Kumar Agarwal has already been rejected by this Court vide order dated 01.03.2024 passed in B.A. No. 7343 of 2023. 100. Further, even accepting the said Dilip Kumar Ghosh has been granted bail, however, this Court is of the view that the Dilip Kumar Ghosh has also parte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upon passions being aroused. An economic offence is committed with cool calculation and deliberate design with an eye on personal profit regardless of the consequence to the community. A disregard for the interest of the community can be manifested only at the cost of forfeiting the trust and faith of the community in the system to administer justice in an even-handed manner without fear of criticism from the quarters which view white-collar crimes with a permissive eye unmindful of the damage done to the national economy and national interest. 24. While granting bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/State and other similar considerations. It has also to be kept in mind that for the purpose of granting bail, the legislature has used the words reasonable grounds for believing instead of the evidence which me ..... X X X X Extracts X X X X X X X X Extracts X X X X
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