The main legal point established in the judgment is the consideration of the petitioners' cooperation in the investigation and the interim protection granted in making the anticipatory bail absolute.

JUDGMENT

Raj Mohan Singh. J. - Vide this common order, CRM-M No.12488 of 2019, CRM-M No.19330 of 2019 and CRM-M No.21330 of 2019 are being decided. Since all the petition arise out of same FIR, therefore, common facts are being noticed.

[2]. Petitioners have prayed for grant of anticipatory bail under Section 438 Cr.P.C. read with Section 65 of Prevention of Money Laundering Act, 2002 (for short 'the PMLA') in Prosecution Complaint No. COMA/2/2018 dated 31.08.2018 titled 'Assistant Director, Directorate of Enforcement vs. M/s Ashiana Inn Ltd. & other registered on the basis of ECIR/JLZO/01/2016 dated 18.02.2016 under Section 45(1) of the PMLA.

[3]. For the offence of money laundering under Section 3 punishable under Section 4 of the Prevention of Money Laundering Act, 2002, the FIR No.12 dated 26.08.2015 under the Prevention of Corruption Act, 1988 was lodged against the petitioners for being in possession of disproportionate assets to the known sources of his income. Petitioners were granted bail in FIR No.12 dated 26.08.2015 under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act and Section 120-B IPC, Police Station Vigilance Bureau, Flying Squad-1, Punjab at Mohali.

[4]. The aforesaid FIR was registered against Mandeep Singh, IAS. It was alleged that he had acquired disproportionate assets. Other accused/petitioners were also arrayed on the allegations of having connived with the principal accused i.e. Mandeep Singh.

[5]. Petitioners have been summoned in pursuance of institution of complaint after taking cognizance by the trial Court. They have been summoned vide order dated 02.11.2018 to face trial in complaint instituted under Section 45(1) of the PMLA. The application filed by Mandeep Singh for grant of anticipatory bail before the Special Judge under the Prevention of Money Laundering Act, SAS Nagar (Mohali) has been dismissed vide order dated 01.03.2019.

[6]. After issuance of notice of motion, interim order dated 09.04.2019 was passed in favour of the petitioner-Mandeep Singh in CRM-M No. 12488 of 2019 to the following effect:-

This is a petition for grant of pre-arrest bail to the petitioner under Section 438 Cr.RC. registered under Section 65 of the Prevention of Money Laundering Act, 2002 (for short the Act) in Prosecution Complaint No. CO MA/2/2018 titled as Assistant Director, Directorate of Enforcement Vs. M/s Ashiana Inn Ltd & other registered on the basis of ECIR/JLZO/01/2016 dated 18.02.2016 u/s 45 (1) of P.M.L.A.

The brief facts are that initially an FIR under the Prevention of Corruption Act, 1988 (for short the PC. Act)was lodged against the petitioner for being in possession of assets disproportionate to his income. Admittedly, he remained in custody for more than 3 months before he was bailed out by this Court. On the basis of that FIR the Enforcement Directorate filed the present case against the petitioner in respect of laundering and diversion of those ill gotten assets and it is in this complaint that the petitioner is seeking anticipatory bail.

Counsel appearing on behalf of the respondent-Enforcement Directorate has accepted that the present complaint is based on the FIR under the P. C. Act. He has argued that this is a case where the petitioner has diverted almost Rs. 600 crores of ill gotten assets. He has argued that the investigation is still going on, to which the senior counsel appearing for the petitioner has responded by stating that the petitioner would have no objection in appearing before the Investigating Officer.

In the circumstances, I deem it appropriate to grant interim bail to the petitioner to enable him to appear before the Investigating Officer.

In the meantime, let the petitioner appear before the Investigating Officer on 15.04.2019 at 10.00 AM and on any other date as and when his presence is required and he will be released on bail by the Investigating Officer subject to the conditions envisaged under Section 438 (2) Cr.P.C.

Learned senior counsel