MANOJ KUMAR OHRI
Raj Singh Gehlot – Appellant
Versus
Directorate Of Enforcement – Respondent
JUDGMENT
Manoj Kumar Ohri, J. - The present application has been filed under Section 439 Cr.P.C. on behalf of the applicant seeking regular bail in Complaint Case No.39/2021 filed under Sections 44/45 of the Prevention of Money Laundering act, 2002 (hereinafter, referred to as the 'PMLa') and arising out of ECIR No. 14/STF/2019 registered under Sections 3/4 PMLa by the respondent/ED.
Factual Background
2. Briefly stated, the facts of the case are that one M/s aman Hospitality Pvt. Ltd. (hereinafter, referred to as 'aHPL'), a group entity of ambience Group which was founded by the applicant, purchased a plot of commercial land at Shahdara in an open auction held by the DDa on 03.03.2006 for the purpose of construction and development of a hotel. Upon technical evaluation, the cost of the hotel project was estimated as Rs.867 crores, in which promoters' contribution was fixed @ Rs.287 crores and Term loan @ Rs.580 crores. Based on this estimate, aHPL approached J&K Bank, ansal Plaza Branch through the applicant, with a proposal dated 12.03.2009 for sanction of loan of Rs.75 crores and BG facility of Rs.15 crores towards financial closure.
Later, the development strategy was changed and i
Babu Singh and Others vs. State of U.P. (1978) 1 SCC 579
Indian Aluminium Co. and Others vs. State of Kerala and Others (1996) 7 SCC 637
Kalyan Chandra Sarkar vs. Rajesh Ranjan alias Pappu Yadav and Another (2005) 2 SCC 42
M/s Ujagar Prints and Others (II) vs. Union of India and Others (1989) 3 SCC 488
Madan Mohan Pathak and Another vs. Union of India and Others 1978 2 SCC 50
Masroor vs. State of Uttar Pradesh and Another (2009) 14 SCC 286
Moti Ram vs. State of Madhya Pradesh 1978 4 SCC 47
Munawar vs. State of Maharashtra and Others (2021) 3 SCC 712
Nikesh T.Shah vs. Union of India (2018) 11 SCC 1
Nikesh Tarachand Shah vs. Union of India & Anr. (2018) 11 SCC 1
Nikesh Tarachand Shah vs. Union of India and Another (2018) 11 SCC 1
P. Chidambaram vs. Central Bureau of Investigation (2020) 13 SCC 337
P. Chidambaram vs. Directorate of Enforcement (2020) 13 SCC 791
Prasanta Kumar Sarkar vs. Ashis Chatterjee and Another (2010) 14 SCC 496
Preeti Gupta and Another vs. State of Jharkhand and Another (2010) 7 SCC 667
Rakesh Kumar Paul vs. State of Assam (2017) 15 SCC 67
Ram Govind Upadhyay vs. Sudarshan Singh and Others (2002) 3 SCC 598
Ranjitsing Brahmajeetsing Sharma vs. State of Maharashtra and Another (2005) 5 SCC 294
Rohit Tandon vs. Directorate of Enforcement (2018) 11 SCC 46
Sanjay Chandra vs. Central Bureau of Investigation (2012) 1 SCC 40
Santosh s/o Dwarkadas Fafat vs. State of Maharashtra (2017) 9 SCC 714
Shri Gurbaksh Singh Sibbia and Others vs. State of Punjab (1980) 2 SCC 565
Shri Prithvi Cotton Mills Ltd. and Another vs. Broach Borough Municipality and Others 1969 2 SCC 283
State of Bihar and Another vs. Amit Kumar alias Bachcha Rai (2017) 13 SCC 751
State of Kerala vs. Raneef (2011) 1 SCC 784
State of Maharashtra vs. Vishwanath Maranna Shetty (2012) 10 SCC 561
State of U.P. through CBI vs. Amarmani Tripathi (2005) 8 SCC 21
Upendra Rai vs. Directorate of Enforcement (2017) 9 SCC 714
Virupakshappa Gouda and Another vs. State of Karnataka and Another (2017) 5 SCC 406
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.