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TMI Blog2025 (4) TMI 375X X X X Extracts X X X X X X X X Extracts X X X X ..... th Jharkhand Government under Section 66(2) of PLMA, 2002 which was shared in another case bearing ECIR No. RNZO/18/2022 dated 21.10.2022. In the instant investigation, the scrutiny of voluminous property documents secreted at the premises of Bhanu Pratap Prasad along with the seventeen original registered revealed fresh facts and evidences about illegal activities to acquire several other properties by a syndicate which comprise of Md. Sadam Hussain, Afshar Ali, Bhanu Pratap Prasad, Priya Ranjan Sahay, Bipin Singh and others. Investigation has revealed about preparation of a fake Deed Number 3985 of the year 1940, a copy of which was seized from the possession of Md. Saddam Hussain on 13.04.2023. This deed has been made for a property of 6.34 Acres spreads over several plots of Khata No. 234 out of which Plot No. 989 (84 Decimals) and 996 (32 Decimals) falls under the said 8.86 Acres property which is illegal possession of Hemant Soren. These 6.34 Acres properties are mostly Bhuinhari properties, which are being acquired sold and possessed in illegal manner by the syndicates of Md. Saddam Hussain, Afsar Ali, Priya Ranjan Sahay, present petitioner and others. During the scrutiny ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted property, and as such they are guilty of the offence money laundering. Therefore, it has been stated that the aforesaid four persons namely Priya Ranjan Sahay, Bipin Singh, Anand Tirkey @ Antu Tirkey and Irshad Akhtar are involved in the proceeds of crime used and generated out of the said activities. In the backdrop of the aforesaid alleged facts the present petitioner had been arrested on 16.04.2024 and accordingly the petitioner had preferred the Misc. Cri. Application No.2053 of 2024 for grant of bail but the same was dismissed vide order dated 26.07.2024 passed by the learned Additional Judicial Commissioner-I-cum-Spl. Judge, PML Act, Ranchi. Hence, the present petition has been preferred for the grant of bail. Argument on behalf of the learned counsel for the petitioner: 3. Mr. Pradeep Kumar Nayak, learned counsel appearing on behalf of the petitioner has taken the following grounds: i. The petitioner is innocent and has falsely been implicated by E.D. in this case as he has committed no offence whatsoever as alleged in the prosecution complaint. ii. There is no document to show that the property admeasuring 3.75 Katha has been transferred in the name of the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nds, has submitted that the learned court while considering the prayer for bail ought to have taken into consideration all these aspects of the matter both legal and factual but having not done so, serious error has been committed. 5. Further submission has been made in the aforesaid view of the matter as per the ground agitated that it is a fit case where the petitioner is to be given the privilege of bail. Argument on behalf of the learned counsel for the respondent-ED : 6. While on the other hand, Mr. Amit Kumar Das, learned counsel for the opposite party-Enforcement Directorate has vehemently opposed the prayer for grant of regular bail by taking the following grounds: (i) The ground has been taken that the petitioner is involved in selling the Bhuinhari Property pertaining to Khata No.234 at village Bargain, Ranchi in an illegal manner. He has also involved in obtaining several non-saleable and non-transferable Bhuinhari properties in his name and his wife Sunita Tirkey as also in the name of his nephew Annu Karketta. (ii) The accused person has acquired 42 decimals of land of Khata no. 234, Plot no. 1055 at village Bargain which are nonsaleable lands. The said propert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... materials available on record. 9. 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 Act, 2002 with its object and intent. 10. The Act 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. The issues were debated threadbare in the United Nation Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, Basle Statement of Principles enunciated in 1989, the FATF established at the summit of seven major industrial nations held in Paris from 14th to 16thJuly, 1989, the Political Declaration and Noble Programme of Action adopted by United Nations General Assembly vide its Resolution No. S-17/2 of 23.2.1990, the United Nations in the Special Session on counte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y 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 10th June, 1998 has made another declaration regarding the need to combat money-laundering. India is a signatory to this declaration." 11. It is thus evident that the Act, 2002 was enacted in order to answer the urgent requirement to have a comprehensive legislation inter alia for preventing money-laundering, attachment of proceeds of crime, adjudication and confiscation thereof for combating money-laundering and also to prosecute the persons indulging in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the scheduled offence. 16. 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. 17. 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 rupees] or more; or (iii) the offences specified under Part C of the Schedule." 18. It is evident that the "scheduled offence" means the offences specified under Part A of the Schedule; or the offences specified under Part B of the Schedule if the total value involved in such offences is [one crore rupees] or more; or the offences specified under Part C of the Schedule. 19. The offence of money laundering has been defined under Section 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 to summon any person whose attendance he considers necessary whether to give evidence or to produce any records during the course of any investigation or proceeding under this Act. (3) All the persons so summoned shall be bound to attend in person or through authorised agents, as such officer may direct, and shall be bound to state the truth upon any subject respecting which they are examined or make statement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 takes note of the institutions of the world community which had been created. In Apparel Export Promotion Council v. A.K. Chopra, the Court observed that domestic Courts are under an obligation to give due regard to the international conventions and norms for construing the domestic laws, more so, when there is no inconsistency between them and there is a void in domestic law. This view has been restated in Githa Hariharan, as also in People's Union for Civil Liberties, and National Legal Service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Evidence Act, would come into play only when the person so summoned is an accused of any offence at the relevant time and is being compelled to be a witness against himself. This position is well-established. The Constitution Bench of this Court in M.P. Sharma had dealt with a similar challenge wherein warrants to obtain documents required for investigation were issued by the Magistrate being violative of Article 20(3) of the Constitution. This Court opined that the guarantee in Article 20(3) is against "testimoni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lsion 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, the designated officials have been empowered to summon any person for collection of information and evidence to be presented before the Adjudicating Authority. It is not necessarily for initiating a prosecution against the noticee as such. The power entrusted to the designated officials under this Act, though couched as investigation in real sense, is to undertake inquiry to ascertain relevant facts to facilitate initiation of or pursuing with an action regarding proceeds of crime, if the situat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m 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 Chapter IV of the 2002 Act. 27. The predicate offence has been considered in the aforesaid judgment wherein by taking into consideration the explanation as inserted by way of Act 23 of 2019 under the definition of the "proceeds of crime" as contained under Section 2(1)(u), whereby and whereunder, it has been clarified for the purpose of removal of doubts that, the "proceeds of crime" include property not only derived or obtained from the scheduled offence but also any property which may directly o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsidered in Nikesh Tarachand Shah. This Court declared Section 45(1) of the 2002 Act, as it stood then, insofar as it imposed two further conditions for release on bail, to be unconstitutional being violative of Articles 14 and 21 of the Constitution. The two conditions which have been mentioned as twin conditions are: (i) that there are reasonable grounds for believing that he is not guilty 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntitled to presume unless the contrary is proved, that in any proceedings relating to proceeds of 17 A.B.A. No. 10671 of 2023 crime under the Act, in the case of a person charged with the offence of money laundering under Section 3, such proceeds of crime are involved in money laundering. Such conditions enumerated in Section 45 of PML Act will have to be complied with even in respect of an application for bail 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." 32. 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. 33. 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 28 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied with even in respect of an 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 money-laundering and the burden to prove that the proceeds of crime are not involved, lies on the appellant. For ready reference, paragraph-30 of the said judgment reads as under: "30. The conditions specified under Section 45 of PMLA are mandatory and need to be complied with, which is further strengthened by the provisions of Section 65 and also Section 71 of PMLA. Section 65 requires that the provisions of CrPC shall apply insofar as they are not inconsistent with the provisions of this Act and Section 71 provides that the provisions of PMLA shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. PMLA has an overriding effect and the provisions of CrPC would apply only if they are not inconsistent with the provisions of this Act. Therefore, the conditions enumerated in Section 45 of PMLA will have to be complied with even in respect of an application fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esulted in the generation of proceeds of crime. 9.3 Bhanu Pratap Prasad being a government servant (Revenue Sub- Inspector, Baragain) was part of a syndicate that was habitually involved in illegal activities pertaining to forgeries and tampering with government records aimed at acquiring landed properties. As such, the information with respect to Bhanu Pratap Prasad and the documents seized from his possession was shared with the Chief Secretary, Govt. of Jharkhand under section 66(2) of the PMLA, 2002 On the basis of said information, the FIR was lodged by the Sadar PS. The information shared under section 66(2) of PMLA, 2002 is an integral part of the FIR 272/2023. On the basis of the FIR no: 272/2023 the ECIR:RNZO/25/2023 was recorded for further investigation under PMLA, 2002. Investigation under PMLA, 2002 in ECIR:RNZO/25/2023- 9.5 During investigation, the accused person Bhanu Pratap Prasad was taken into remand in ECIR RNZO/18/2022 and the seized documents and his digital devices were scrutinized. The scrutiny of the mobile phone of Bhanu Pratap Prasad further led to the identification of one 8.80 acres property situated at Shanti Nagar, Behind DAV School, Bariatu, Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... corroborated from the seizure of the said deed 3985 of the year 1940 from his possession during searches conducted on 13.04.2023 by EC IR/RNZO/18/2022) 9.20 Subsequently, the said Afshar Ali was also taken into the custody of the Directorate of Enforcement on 16.104 2024. During his custody, he stated that deed no. 3985 of the year 1940, registered at the Registrar of Assurances Kolkata, related to property under Mauja Baragain at Thana no. 184, Ranchi, Khata no 234. Khewat no 10/11, totalling to 6.34 acres, was a fake deed. He further stated that two other fake deeds were written while making this fake deed 3985 of the year 1940. The pages from the original volumes of the Registrar of Assurances, Kolkata were provided by the Shekhar Prasad Mahto, Shekhar Kushwaha, Md. Saddam Husain then handed over these pages to the accused person namely Md Irshad, r/o Hazaribagh for writing the three deeds including deed No 3985/1940. He stated to have given Rs 60.000/ to Md Irshad for writing the deeds. The statement of Md. Irshad was recorded u/s 50 of P'MLA, 2002 on 24.04 2024 in which he admitted to have written the above stated deed and further acknowledged his hand writing in which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... involved. In his statement dated 22.04.2024, the said Antu Tirkey has admitted his involvement in following properties:- A. Property admeasuring 42 decimals at Plot no. 1055, Khata no 234, wherein amount involved in Rs 73.5 Lakhs B. Dealing with Afshar Ali worth Rs 5 lakhs with respect to a land at Ranchi. Dealing for 32 decimals of land at Oramanjhi D. Property admesuring 32 decimals acquired at plot no. 1054 at Khata no. 232 from Sahdev Pahan and others in name of his wife Sunita Tirkey. E. Acquisition of 73 decimals of land in Mouja Bargain from pahan family for Rs 40 lakhs and sale of same to Surendra Munda for an amount of Rs 2.05 crores, out of which he has received Rs 70 to 80 lakhs. F. Agreement with Shainchariya Devi for a property admeasuring 1.30 acres, Khata no. 220, 221. G. Acquisition of 15 decimals of land fronı Kailash Pahan at Mouja Baragain for an amount of Rs 22.50 Lakh. H. Acquisition of land at Khata no. 232 plot no. 1054 at Mouja Baragain fom one Manju Devi. 1. Agreement with respect to property situated at Khata no. 231, Plot no 1059 admeasuring 54 decimals at First Mark School Road, Mauja Baragain with Budhu Pahan @ Kandru Pahan J. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he is also involved in obtaining several non-saleable and non-transferrable Bhuinhari properties in his name, in the name of his wife Sunita Tirkey and in the name of his nephew Annu Karketta. The accused person has acquired 42 decimals of land of Khata no. 234, Plot no. 1055 at village Baragain which are non-saleable lands. The said property has been acquired in connivance with co-accused person Md. Saddam Hussain. These are the land pertaining to the same Khata under which, a property admeasuring 8.86 acres has been acquired by the accused person Hemant Soren. The accused is directly involved in selling 32 decimals of Bhuinhari land illegally at Baragain pertaining to Khata no. 232. Additionally, he has also sold around 73 decimals illegally pertaining to Khata no. 232 through his accomplices in the year 2022 for a sum of Rs. 2.05 crores. All these lands as mentioned above were acquired through non-registered agreements. Therefore, the accused is knowingly involved in the processes and activities connected with the acquisition and possession of non-saleable lands in a concealed and illegal manner, which are proceeds of crime and hence, has committed the offence of money launderi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... properties at Ranchi by which he has acquired huge amount of money. The same is also evident from the cash entries in the diary. 44. Further, the present applicant in his statement dated 22.04.2024 has also admitted the aforesaid dealing and has further stated to have received Rs. 70 to 80 lakhs till date. It has further come in the investigation that in addition to this the present applicant acquired around 42 decimals of land from Mitku Pahan (bhuinhari property) falling under Khata no. 234 Plot no. 1055 for an amount of Rs. 30 lakhs. Out of this he sold around 6 decimals of land of Saddam Hussain for and amount of Rs. 18.5 lakhs and rest of the land is sold to Krishna Munda for an amount of Rs. 55 lakhs. This fact is also corroborated from the entries in the diaries with respect to above said land maintained by present applicant. 45. All the above stated properties are Bhuinhari Properties, which cannot be sold or transferred without the specific permission of the competent authority. Still the accused person Antu Tirkey entered into such illegal dealings on plain agreements in a concealed manned in order to acquire proceeds of crime. The scrutiny of the seized documents reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the above stated illegal land dealing activities. 49. Further as per the prosecution complaint where CDR analysis of mobile phones of the accused has been mentioned, the petitioner was in touch with co-accused Afsar Ali and as per para 9.45 of the supplementary prosecution complaint, the bank account scrutiny reveals that petitioner had transaction with co-accused Md. Saddam Hussain. 50. Thus, from aforesaid imputation and discussion prima-facie it appears that the involvement of present petitioner in alleged crime, cannot be lightly brushed out. 51. Now coming to the contentions, as raised by the learned counsel for the petitioner, wherein, he has taken the ground that the petitioner is not accused in the predicate offence, hence cannot be made liable for money laundering offence. But, the contention of the learned counsel appears to be misplaced reason being that it is settled proposition of law that the offence of money Laundering is independent of the scheduled offence, particularly in matters related to the proceeds of crime. 52. At this juncture, it will be purposeful to discuss the core of section 3 of PML Act, 2002. Section 3 of the Act 2002, addresses itself to three ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated in Section 3 of the PMLA has been elaborately dealt with by the three Judge Bench in Vijay Madanlal Choudhary (supra), in which it has been observed that Section 3 has a wider reach. The offence as defined captures every process and activity in dealing with the proceeds of crime, directly or indirectly, and is not limited to the happening of the final act of integration of tainted property in the formal economy to constitute an act of money laundering. Of course, the authority of the Authorised Officer under the Act to prosecute any person for the offence of money laundering gets triggered only if there exist proceeds of crime within the meaning of Section 2(1)(u) of the Act and further it is involved in any process or activity. 57. Not even in case of existence of undisclosed income and irrespective of its volume, the definition of "Proceeds of Crime" under Section 2(1)(u) will get attracted, unless the property has been derived or obtained as a result of criminal activity relating to a scheduled offence. The property must qualify the definition of "Proceeds of Crime" under Section 2(1)(u) of the Act. As observed, in all or whole of the crime property linked to scheduled off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r is actually involved in any process or activity connected with the proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming it as untainted property shall be guilty of offence of money-laundering and the process or activity connected with proceeds of crime is a continuing activity and continues till such time a person is directly or indirectly enjoying the proceeds of crime by its concealment or possession or acquisition or use or projecting it as untainted property or claiming it as untainted property in any manner whatsoever. 64. 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 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttled proposition of law that the filing of charge-sheet 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. 71. At this juncture it would be apposite to refer the decision of Hon'ble Supreme Court rendered in the case of Virupakshappa Gouda v. State of Karnataka, (2017) 5 SCC 406 wherein at paragraph-12 the Hon'ble Apex Court has observed which reads 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 charge-sheet establishes that after due investigation the investigating agency, having found materials, has placed the charge-sheet for trial of the accused persons." 72. Thus, this Court, after taking note of the settled legal proposition, is of view that the aforesaid contention is not tenable in the eye of law. 73. Now in the light of afo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asonable grounds for believing" which means that the Court has to find, from a prima facie view of the materials collected during investigation that there are reasonable grounds to believe that the accused has not committed the offence and that there is no likelihood of him committing an offence while on bail. Recently, in Tarun Kumar v Assistant Directorate of Enforcement, 2023 SCC Online SC 1486, the Hon'ble Supreme Court has held as under : "As well settled by now, the conditions specified under Section 45 are mandatory. They need to be complied with. The Court is required to be satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and he is not likely to commit any offence while on bail. It is needless to say that as per the statutory presumption permitted under Section 24 of the Act, the Court or the Authority is entitled to presume unless the contrary is proved, that in any proceedings relating to proceeds of crime under the Act, in the case of a person charged with the offence of money laundering under Section 3, such proceeds of crime are involved in money laundering. Such conditions enumerated in Section 45 of PML Act wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peculiar to the accused; (v) larger interest of the public or the State and similar other considerations." 81. This Court on the basis of aforesaid discussions, factual aspects as also the legal position is of the view that there is no reason to believe by this Court that the petitioner is not involved in managing the money said to be proceeds of crime. 82. This Court, while considering the prayer for regular bail has taken into consideration that though the Court is not sitting in appeal on the order passed by learned court since this Court is exercising the power of Section 439 Cr.P.C but only for the purpose of considering the view which has been taken by learned court while rejecting the prayer for bail, this Court is also in agreement with the said view based upon the material surfaced in course of investigation, as referred hereinabove. On the issue of Parity : 83. The learned counsel for the petitioner has raised the ground of parity with respect to co-accused person, namely, Sri Hemant Soren who was made accused in the original prosecution complaint, has already been granted bail by this Court vide order dated 28.06.2024 passed in B.A. No. 4892 of 2024. 84. Now comin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to travesty of justice, and accordingly we set it aside. 26. Another aspect of the case which needs emphasis is the manner in which the High Court has applied the principle of parity. By its two orders both dated 21-12-2020 [Pravinbhai Hirabhai Koli v. State of Gujarat, 2020 SCC OnLine Guj 2986], [Khetabhai Parbatbhai Makwana v. State of Gujarat, 2020 SCC OnLine Guj 2988], the High Court granted bail to Pravin Koli (A-10) and Kheta Parbat Koli (A-15). Parity was sought with Sidhdhrajsinh Bhagubha Vaghela (A-13) to whom bail was granted on 22-10-2020 [Siddhrajsinh Bhagubha Vaghela v. State of Gujarat, 2020 SCC OnLine Guj 2985] on the ground (as the High Court recorded) that he was "assigned similar role of armed with stick (sic)". Again, bail was granted to Vanraj Koli (A-16) on the ground that he was armed with a wooden stick and on the ground that Pravin (A-10), Kheta (A-15) and Sidhdhrajsinh (A-13) who were armed with sticks had been granted bail. The High Court has evidently misunderstood the central aspect of what is meant by parity. Parity while granting bail must focus upon the role of the accused. Merely observing that another accused who was granted bail was armed with a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tio and further taken into consideration the aforesaid settled position of law, thinks fit to refer herein distinguishable facts in the case of present petitioner to that the case of co- accused and petitioner of B.A no.4892 of 2024. 89. This Court in order to verify the application of principle of parity has gone through the order passed in B.A no.4892 of 2024 by which co-accused has been enlarged on the bail and found that there is allegation upon the said petitioner about using the State machinery for his own benefit but, herein against the present applicant/petitioner, it has come in the investigation that he is knowingly involved in selling the Bhuinhari Property admeasuring decimals pertaining to Khata No 234 at Village Baragain, Ranchi in an illegal manner. Further, he is also involved in obtaining several non-saleable and non-transferrable Bhuinhari properties in his name, in the name of his wife Sunita Tirkey and in the name of his nephew Annu Karketta. It has further been revealed that the petitioner has acquired 42 decimals of land of Khata no. 234, Plot no. 1055 at village Baragain which are non-saleable lands and the said property has been acquired in connivance with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fibre of the country's economic structure. Incontrovertibly, economic offences have serious repercussions on the development of the country as a whole. In State of Gujarat v. Mohanlal Jitamalji Porwal [(1987) 2 SCC 364 : 1987 SCC (Cri) 364] this Court, while considering a request of the prosecution for adducing additional evidence, inter alia, observed as under : (SCC p. 371, para 5) " 5. ... The entire community is aggrieved if the economic offenders who ruin the economy of the State are not brought to book. A murder may be committed in the heat of moment 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 accusat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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