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SASHIKANTA MISHRA
Sarat Kumar Sahoo – Appellant
Versus
Enforcement Directorate – Respondent
JUDGMENT
Sashikanta Mishra, J.—This is an application filed by the petitioner seeking anticipatory bail as per section 438 of Cr.P.C. in connection with Complaint Case (PMLA) No. 60 of 2018 pending in the Court of learned Addl. Sessions Judge (C.B.I.-I)-cum-Special Court under the PMLA Act, Bhubaneswar.
2. It appears from the record that 23 FIRs were registered in various Police Stations under Bhubaneswar-Cuttack Commissionerate against several persons including the petitioner alleging commission of various crimes such as, abduction, murder, criminal conspiracy, crimination intimidation, extortion, tender fixing, possession of illegal arms and ammunitions, counterfeit currencies and forgery etc. The present petitioner has been charge sheeted under Sections 387/120-B/34 of IPC read with Section 25/27 of Arms Act in Chauliaganj P.S. Case No. 27 of 2016 and under Sections 25(1-B)/25(1-A)A of Arms Act in Badambadi P.S. Case No. 80 of 2016. Such offences being scheduled offences as per the provisions of the Prevention of Money Laundering Act, 2002, an ECIR being ECIR/02/BBSR/2016 dated 03.06.2016 was registered and upon completion of preliminary enquiry, a complaint being Complaint Case
Anticipatory bail – Provision under Section 438 of Cr.P.C. cannot be invoked to protect accused from his apprehension of being taken to custody on his appearance by orders of Court.
Anticipatory bail under Section 438 cannot shield an accused from custodial detention ordered by the court post-summons, distinguishing between police arrest and court-directed custody.
The gravity of economic offences, potential influence on witnesses and evidence, and the failure to satisfy the twin conditions for bail under Section 45 of the PMLA were central to the court's decis....
Point of Law - For making an application in terms of section 439 of code, a person has to be in custody and section 438 of the code deals with direction for grant of bail to person apprehending arres....
Point of Law : For making an application in terms of section 439 of code, a person has to be in custody and section 438 of the code deals with direction for grant of bail to person apprehending arres....
Anticipatory bail applications are maintainable even if the petitioner is already in custody for another case, affirming the protection of personal liberty under Article 21.
Anticipatory bail – Merely because an arrest can be made because it is lawful, does not mandate that arrest must be made – Distinction has been made between existence of power of arrest and justifica....
The court established that Section 45 of PMLA 2002 applies to the grant of anticipatory bail, with a proviso for leniency towards women, and that the nature of property attachment proceedings does no....
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