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TMI Blog2025 (1) TMI 945X X X X Extracts X X X X X X X X Extracts X X X X ..... ccused in ECIR on 04.01.2021 i.e. after 11 years. The judgments relied on by learned counsel for the respondent state that the twin conditions of Section 45 of the PMLA Act are to be satisfied but at the same time, the judgment passed by the Hon ble Supreme Court in the matter of Satender Kumar Antil [ 2022 (8) TMI 152 - SUPREME COURT] cannot be lost sight of and other co-accused persons against whom similar allegations were levelled, have already been granted anticipatory bail by the Hon ble Supreme Court and by this Court, therefore, in the opinion of this Court, the present is a fit case to extend the benefit under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, to the applicants. It is directed that in the event of arrest of the applicants in connection with the aforesaid offence, they shall be released on anticipatory bail on their furnishing a personal bond for a sum of Rs. 50,000/- with one surety in the like sum to the satisfaction of the arresting officer and they shall abide by the conditions imposed. Conclusion - The circumstances and legal precedents justified such relief despite the stringent conditions of Section 45 of the PMLA. The anticipatory bail appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in this case. 4. Learned counsel for the applicants submitted that the present applicants have falsely been implicated in this matter. He further submitted that during the investigation, the applicants have never been arrested; and, the charge sheet has already been filed. He contended that the adjudicating authority has exonerated the main accused saying that there are no proceeds of crime generated in this matter. He further contended that on a similar subject matter, another ECIR has been registered, in which, anticipatory bail was granted by the Hon ble Supreme Court. Thereafter, co-accused Sangeeta Agrawal and Mamta Agrawal were granted anticipatory bail by this Court in MCRCA Nos. 1162 of 2023 and 1309 of 2023 on 04.10.2023 and 10.04.2024, respectively. He also argued that in the matter of Satender Kumar Antil vs. Central Bureau of Investigation and Another reported in 2022 (10) SCC 51, the Hon ble Supreme Court in paragraph 43 held that in a case where the prosecution does not require custody of the accused, there is no need for arrest when a case is sent to the magistrate under Section 170 of the Code. It is also observed that there is no need for filing a bail applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . His next contention is that Economic Offences constitute a separate class and anticipatory bail should not ordinarily be granted in such offences. 8. In support thereof, he placed reliance on the judgment passed by the Hon ble Supreme Court in the matter of Y.S. Jagan Mohan Reddy vs. CBI reported in (2013) 7 SCC 439 and the judgment passed by the High Court of Allahabad in the matter of Pankaj Grover vs. ED, Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No. 7661 of 2020. He also placed reliance on the judgment of the Hon ble Supreme Court rendered in the matter of the Directorate of Enforcement vs. M. Gopal Reddy and Another, reported in 2023 LiveLaw (SC) 138 wherein it is held that in the case of Money Laundering offences, the preconditions of Section 45 of PMLA Act have to be satisfied for anticipatory bail. 9. I have heard learned counsel appearing for the parties, considered their rival submissions made herein above and perused the documents present on the record. 10. From a perusal of the documents, it appears that a search was conducted by the Income-Tax Department on 04.02.2010 and 05.02.2010 in the premises of Babulal Agrawal, Sunil Kumar Agrawal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under section 4 except upon a complaint in writing made by-- (i) the Director; or (ii) any officer of the Central Government or a State Government authorised in writing in this behalf by the Central Government by a general or special order made in this behalf by that Government. [(1A) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or any other provision of this Act, no police officer shall investigate into an offence under this Act unless specifically authorised, by the Central Government by a general or special order, and, subject to such conditions as may be prescribed.] (2) The limitation on granting of bail specified in sub-section (1) is 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. [ Explanation .--For the removal of doubts, it is clarified that the expression Offences to be cognizable and non-bailable shall mean and shall be deemed to have always meant that all offences under this Act shall be cognizable offences and non-bailable offences notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ised or improperly socialised persons for whom all traditional criminologists have been of opinion that they belong to lower class, such criminals were committing crime in unorganised manner without proper planning or completely in un-planned manner by using crude modus operandi leaving clues on crime scene, traditional evidences were available particularly eye witnesses, crimes were committed to satisfy need and necessity or enmity or jealousy or lust. To deal such crimes simple and general measures of criminal justice was efficient. Simple investigating agency and its investigation procedure; traditional prosecution and prosecution measures were effective, traditional sentencing and its infliction was sufficient to tackle problem of traditional criminality. Crimes are now committed by influential persons belonging to upper class in organised manner after well planning by use of modern gadgets in course of performance of their official, professional, business activities in which they have expertise. Criminal acts committed by professionals, businessmen and public servants, it is very difficult to identify whether sober and civilised activity was committed or criminal act was commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and prosecution. The Hon ble Apex Court in the matter of Satender Kumar Antil (supra) in paras 43, 90, 100.5 100.6 held as under:- 43. The scope and ambit of Section 170 has already been dealt with by this Court in Siddharth v. State of U.P., (2021) 1 SCC 676 . This is a power which is to be exercised by the court after the completion of the investigation by the agency concerned. Therefore, this is a procedural compliance from the point of view of the court alone, and thus the investigating agency has got a limited role to play. In a case where the prosecution does not require custody of the accused, there is no need for an arrest when a case is sent to the magistrate under Section 170 of the Code. There is not even a need for filing a bail application, as the accused is merely forwarded to the court for the framing of charges and issuance of process for trial. If the court is of the view that there is no need for any remand, then the court can fall back upon Section 88 of the Code and complete the formalities required to secure the presence of the accused for the commencement of the trial. Of course, there may be a situation where a remand may be required, it is only in such case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ported in 2022 SCC OnLine Del 4065 in paras 10, 11 12 held as under:- 10. The applicants is implicated in PMLA which was enacted to prevent money-laundering and to provide for confiscation of property derived from, or involved in, money-laundering and for matters connected therewith or incidental thereto. Section 45 provides that offences punishable under PMLA are cognizable and non-bailable also provides stringent conditions in grant of bail. It reads as under- 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 infirm, or is accused either on his own or along with other co-ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... investigating agency. There is legal force in argument advanced by the learned Senior Counsel of the applicants that applicants is entitled to bail in view of observations/legal proposition as laid down by the Supreme Court in Satinder Kumar Antil. It is not mandate of section 170 of the Code that if the accused is not taken into custody or arrested during investigation can be arrested or taken into custody after appearance in court post summoning order particularly when neither investigation agency nor prosecution agency sought arrest of accused. 12. The arguments advanced by the learned Special Counsel for the respondent that the applicants has misinterpreted para no 65 of Satinder Kumar Antil is misplaced. There is no force in argument advanced by the learned Special Counsel for the respondent that the applicants before grant of bail required to pass test of 45 of PMLA. The position would have been different, had the applicants arrested during investigation. The investigating agency as mentioned hereinabove consciously preferred not to arrest the applicants during investigation or post filing of charge sheet. The arguments advanced and case law relied on by the Special Counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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