IMPORTANT POINT
Offence of money laundering – Bail can be granted when trial has started and accused has spent period in custody.

ORDER :

1. The petitioner is before this Court assailing the order dated 5/21.03.2023 whereby the High Court of Jharkhand at Ranchi in Criminal Bail Application No. 13289 of 2022 has rejected the prayer of the petitioner for bail. It is in that light, the petitioner is before this Court.

2. Heard Sh. Basant R. learned senior counsel for the petitioner, Sh. S.V. Raju, learned Additional Solicitor General for the respondent and perused the petition papers.

3. The instant bail application is filed by the petitioner in respect of the case registered in ECIR Case No. 04/2022 under Section 4 of the Prevention of Money Laundering Act, 2002 (‘PMLA’ for short). The said case is registered against the petitioner as well as the other accused. Insofar as the petitioner is concerned the allegation essentially is that the petitioner has involved himself in the transportation of 1844 trucks/vehicles carrying stone chips during the period 01.06.2022 to 26.06.2022. In that regard, it is alleged that on the scrutiny of his bank account it showed huge cash deposited, on 24.01.2022 amounting to Rs. 30 lakhs. Thus, the respondents contending that the said amount is proceeds of crime, has included the petitioner as an accused in the instant case.

4. The learned senior counsel would contend that though the said amount was available in his bank account, considering the period during which the illegal activity is alleged against the petitioner, the credit of Rs. 30 lakh referred to is not during the said period but much earlier, on 24.01.2022 and as such the said amount cannot be classified as proceeds from crime. In that light, it is contended that the very inclusion of the name of the petitioner as an accused is not justified and in that light would contend that he is entitled to bail.

5. The learned Additional Solicitor General would however vehemently oppose the grant of bail. It is contended that the petitioner is a henchman of the main accused Pankaj Mishra who is indulging in large-scale illegal mining and the petitioner is aiding such illegal activities. In that regard, it is contended that the amount as indicated to be found in the account of the petitioner is only a part of such ill-gotten money and if the entire activities of illegal mining involving the petitioner, led by the said Pankaj Mishra is taken into consideration the amount would be to the extent of nearly 13 crores and as such the arrest of the appellant is justified and his custody is required to be continued.

6. In the light of the gist of the contentions noted above, we have perused the petition papers, but without adverting to much details at this stage since the basic facts required for considering an application for bail alone is to be noted without effecting the main contentions of the parties to be put forth during trial. The basic allegation as made against the petitioner as noted is regarding the illegal activity during the period 01.06.2022 to 26.06.2022. Though the learned Additional Solicitor General with reference to the objection statement wherein details of the FIR filed in three other cases is referred to indicate the illegal activities in which the petitioner is involved, it is needless to mention that in the said cases the proceedings in any event would be taken against the petitioner to its logical conclusion.

7. In that background, keeping in view the allegation against the petitioner is of possessing the amount of Rs. 30 lakh in his bank account, apart from the fact that the very allegation is that the said amount was deposited on 24.01.2022 which is prior to the period of illegal activity alleged, for the present there is an explanation as put forth by the petitioner during the course of investigation in answer to the specific question on being confronted with the account details in Jharkhand Gramin Bank, Bhagiamari Branch. The explanation is that the amount was deposited by him in respect of the transaction for purchase of house with land in Asansol for Rs. 26 la