9911796707
TMI Blog2024 (11) TMI 60X X X X Extracts X X X X X X X X Extracts X X X X ..... tisgarh. It is recorded that therefore, a report be submitted to the concerned Police Station in the State of Chhattisgarh through proper channel. While filing the charge-sheet, Section 120-B of the IPC was dropped. Thus, on the date of filing of the charge-sheet on 8th June, 2023, there was no scheduled offence. As late as on 17th January, 2024, another FIR was registered in Chhattisgarh in which allegation is made about the commission of offence punishable under Section 384 of the IPC. Thus, when the complaint under Section 44 of the PMLA Act was filed, the scheduled offence was not in existence. Even in the charge-sheet filed in the FIR which is stated to be a scheduled offence in the complaint, there was no allegation of commission of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me complaint under Section 44 of the Prevention of Money Laundering Act, 2002 (for short the PMLA Act ). The appellant in Criminal Appeal arising out of SLP(Criminal)No.11141 of 2024 has undergone incarceration for about 2 years and the appellant in Criminal Appeal arising out SLP(Criminal)No.11314 of 2024 has undergone incarceration for 1 year and 9 months. Initially, a First Information Report was registered on 12th July, 2022 bearing FIR No.129 of 2022 with Kadugodi Police Station, Bangalore, Karnataka in which the offences punishable under Sections 186, 204, 353, 120-B of the Indian Penal Code, 1860 (for short, IPC ) were alleged. Admittedly, none of the offences, except Section 120-B is a scheduled offence. However, in view of the deci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the State of Chhattisgah for the offence punishable under Section 384 of the IPC. Considering the long period of incarceration and considering the peculiar fact of these appeals, continuation of custody of the appellants will be violation of their right under Article 21 of the Constitution of India. Hence, the appellants are entitled to be enlarged on bail for the offence punishable under Section 4 of the PMLA Act. For that purpose, the appellants shall be produced before the Special Court at the earliest. The Special Court shall enlarge the appellants on bail on appropriate terms and conditions after hearing the learned counsel for the Enforcement Directorate. It is made clear that the observations made in this order are only for the lim ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
