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TMI Blog2024 (12) TMI 1541X X X X Extracts X X X X X X X X Extracts X X X X ..... 8.2023, registered for the offences under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (from now on referred to as 'the PMLA'). 2. It is contended by the learned counsel that the petitioner has falsely been implicated under Section 3/4 of the PMLA. It is argued that FIR No.215/2023, which pertains to the Prevention of Corruption Act, was lodged against the petitioner and other coaccused, and the Police submitted the charge sheet against the petitioner. In the above-referred case, the petitioner has been enlarged on bail. It is also argued that the petitioner obtained the tender as per the procedure and received the money in his bank account after executing the works order. The allegation of money laundering is prima fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r for executing the work in the Jal Jeevan Mission. It is argued that after forging fake certificates, the petitioner illegally obtained the tender in his favour and received Rs.136.14 Crores in his account. It is also asserted that the statement of Mukesh Pathak was recorded on 13.05.2024 & 14.05.2024 under Section 50 of the PMLA, wherein he has, among other things, stated that he forged the certificates of IRCON for M/s Shri Ganpati Tubewell Company (4 certificates) and M/s Shree Shyam Tubewell Company (1 certificate) around April/May 2021, using the stamps and seals of IRCON. The investigation revealed that IRCON issued no such certificates in favour of the petitioner, the properties of M/s Shree Shyam Tubewell Company. Mukesh Pathak als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PMLA, it has been categorically mentioned that he forged the certificates and received money from the petitioner and other co-accused. The record also shows that the petitioner has received Rs.136.14 Crores from the State Government on the pretext of having valid certificates. The law itself is no longer res-integra, and for granting bail under Section 45 of the PMLA, twin conditions enshrined under Section 45 of the PMLA are to be satisfied. 8. This Court is not satisfied that there are reasonable grounds for believing that the accused is not involved in such an offence and is not likely to commit any offence while on bail. In the case of Daulat Singh @ Gatu Versus State of Rajasthan, 2015 (2) RLW 1761 (Raj.), the Division Bench of this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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