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2022 Supreme(Del) 1687

MANOJ KUMAR OHRI
Christian Michel James – Appellant
Versus
Directorate Of Enforcement – Respondent


Advocates appeared:
Aljo K. Joseph, Advocate, M.S. Vishnu Sankar, Advocate, Sriram Parakkat, Advocate, Michael Rao, Advocate, S.V. Raju, Advocate, Zoheb Hossain, Advocate, Ankit Bhatia, Advocate, Pallavi Yadav, Advocate, Anshuman Singh, Advocate, Vivek Gurnani, Advocate

JUDGMENT

Manoj Kumar Ohri, J. - The present bail application has been filed under Section 439 Cr.P.C. read with Section 45 of the Prevention of Money Laundering act, 2002 (hereinafter, referred to as the 'PMLa') on behalf of the applicant seeking regular bail in ECIR No. DLZO/15/2014/aD(VM) registered under Sections 3/4 of the PMLa by the respondent.

2. The brief facts of the case, as discernible from the material placed on record, are that on the basis of disclosure made by the then Head of External Relations of M/s Finmeccanica [holding company of M/s agustaWestland International Ltd. (hereinafter, referred to as 'aWIL')], Italian authorities began investigation in the year 2011 regarding payment of bribes through middlemen Guido Ralph Haschke and the present applicant, in relation to supply of 12 VVIP helicopters by aWIL to the Government of India. The Office of Public Prosecutors (Naples and Rome) began telephonic/technical surveillance of Guido Ralph Haschke and others, including then CEO of M/s Finmeccanica. The surveillance revealed that aWIL had paid bribes disguised as payment to various firms for engineering jobs. During search proceedings conducted at the house of mother o

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