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IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD, J.
Mukesh Mittal S/o Late Babu Lal Mittal – Petitioner
Versus
Union of India through Directorate of Enforcement – Respondent
A.B.A. No. 10671 of 2023
Decided On : 16-02-2024
| Table of Content |
|---|
| 1. application for anticipatory bail in economic offences. (Para 1 , 2) |
| 2. arguments for grant of anticipatory bail based on completion of investigation. (Para 3 , 4 , 5 , 6) |
| 3. counterarguments regarding the legal standing of anticipatory bail. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. analysis of the statutory provisions under the pmla. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 5. details on the interpretation of money laundering provisions. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 6. judicial interpretation and statutory interpretation in money laundering cases. (Para 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 7. provisions regarding refusal of anticipatory bail in serious economic offences. (Para 41 , 42 , 43 , 44 , 45 , 46 , 47) |
| 8. considerations for anticipatory bail provided by various precedents. (Para 48 , 49 , 50 , 51 , 52 , 53) |
| 9. discussion of arguments presented by both parties. (Para 54 , 55 , 56 , 57 , 58 , 59) |
| 10. summary of findings related to commissions and concealment of crime proceeds. (Para 60 , 61 , 62 , 63) |
| 11. relevant legal references impacting the outcome of the anticipatory bail application. (Para 64 , 65 , 66 , 67 , 68 , 69) |
| 12. court's reasoning against granting anticipatory bail. (Para 70 , 71 , 72 , 73 , 74 , 75 , 76 , 77) |
| 13. final conclusion on the application for anticipatory bail. (Para 78 , 79 , 80 , 81) |
JUDGMENT :
SUJIT NARAYAN PRASAD, J.
1. The instant application has been filed under Section 438 read with 440 of the Code of Criminal Procedure, 1973 praying for grant of anticipatory bail in ECIR Case No. 2 of 2023 arising out of ECIR-RNZO/16/2020 read with its addendum dated 05.04.2023 (arising out of FIR No. 22 of 2023 registered with the Economic Offence Wing, Delhi under Sections 120B, 420, 471, 473, 476 and 484 of IPC) alleging offences committed under Section 3 read with Section 70 of the Prevention of Money Laundering Act, 2002, hereinafter referred to as the Act, 2002.
2. The prosecution story in brief as per the allegation made in the instant ECIR/complaint reads as under:
During the course of investigation on Veerendra Kumar Ram and his close associates, several searches were conducted at various places across India and it was found that part of the Proceeds of crime acquired in the form of taking commission/bribe in lieu of allotment of tenders by Veerendra Kumar Ram, Chief Engineer in Rural work Department, Jharkhand was getting routed by a Delhi based CA Mukesh Mittal (Present Petitioner) to the bank accounts of family members of Veerendra Kumar Ram with the help of bank accounts of Mukesh Mittal's employees/relatives.
It is also alleged that Veerendra Kumar Ram used to give cash to the present petitioner who with the help of entry providers used to make entries in the bank accounts of his employees and relatives and then such fund was transferred by present petitioner into the bank accounts of Rajkumari (Wife of Veerendra Ram) and Shri Genda Ram (Father of Shri V.K. Ram).
Further, it is also alleged that some bank accounts opened (at Delhi) on the basis of forged documents were also being used in such routing of funds. Therefore, information related to the same was shared with the Delhi Police under Section 66(2) of the PMLA.
Further on the basis of the information shared unde
The court ruled that in economic offenses, particularly money laundering, anticipatory bail is rarely granted due to the grave nature of allegations and potential interference with investigations.
An individual can be prosecuted under the PMLA, even if not directly involved in the scheduled offence, and the gravity of economic offences needs to be considered in the matter of bail. The court al....
Grant of anticipatory bail to some extent interferes in the sphere of investigation of an offence and hence, the court must be circumspect while exercising such power for grant of anticipatory bail.
The Prevention of Money Laundering Act proceedings are independent of the predicate offence and must proceed without delay, reflecting the urgency in addressing economic crimes.
The mandatory conditions under Section 45 of PMLA for granting anticipatory bail were not satisfied, emphasizing economic offences' serious nature.
The trial under the Prevention of Money Laundering Act is independent of any pending trial for the predicate offence, as affirmed by the court.
Section 3 is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence.
(1) Offence of money laundering is an independent offence regarding process or activity connected with proceeds of crime which had been derived or obtained as a result of criminal activity relating t....
The judgment emphasizes the need for substantial probable causes to believe the accused is not guilty, the requirement to prove allegations beyond reasonable doubt, and the presumption of innocence u....
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