CAV JUDGMENT

1. The petitioner has filed this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 assailing the order dated 06.06.2026 passed by the learned Special Judge (Prevention of Money Laundering Act, 2002), Raipur in Special Case No. 03/2023 by which the petitioner’s application for grant of permission to travel to Abu Dhabi, UAE for medial treatment, has been dismissed. The petitioner has also prayed for grant of permission to travel abroad/UAE on future dates to avail necessary follow-up medical treatment as may be prescribed by his doctor at Khan Kinetic Treatment Orthopedic Spine Centre, Abu Dhabi, UAE.

Digitally signed by ARUN ARUN KUMAR KUMAR DEWANGAN DEWANGAN Date:2026.07.0217:02:04 +0530

2. The case of the prosecution, in brief, is that on 12.07.2022, FIR No.129/2022 was registered by Kadugodi Police Station, Whitefield, Bengaluru under Sections 186, 204, 353 & 120B of IPC against one Suryakant Tiwari & other persons on the basis of complaint filed by Deputy Director of Income Tax, Foreign Assets Investigation Unit-I Bengaluru alleging that as part of conspiracy, during course of search by Income Tax department on 30.06.2022, Suryakant Tiwari had obstructed the officials from carrying their official duties and destroyed crucial incriminating documents and digital evidence about the alleged illegal extortion on Coal Transportation to the tune of Rs. 25/- per tonne payments collected by Suryakant Tiwari and his associates and on the basis of said search made by the Income Tax Department, FIR No. 1292022 Police Station- Kadugodi along with a report on the investigation conducted by the Income Tax Department on M/s Jay Ambey Group of Raipur (Suryakant Tiwari Group) was registered. It has also been alleged that the said process of online dispatch procedure has been changed to manual due to involvement of certain officer of the government in connivance with Suryakant Tiwari and his associates.

3. The role of the present petitioner is that the present petitioner is promoter of M/s Indermani Group having a close relationship with Suryakant Tiwari. Investigation revealed that the petitioner had helped Suryakant Tiwari in acquiring coal washeries from M/s Indus Udyog & Infrastructure Pvt Ltd. and M/s Satya Power and Ispat Ltd. These coal washeries were acquired for an amount of Rs. 96 crore, out of which Rs. 34 crore was registered value and was paid through banking channel and rest of the amount was to be paid in cash. Thus, large amount of illegally acquired cash was layered in these transactions by the petitioner. The petitioner knowingly and willingly participated in these transactions to layer and obfuscate the real ownership of these tainted properties. Despite being a man of means and business standing, he knowingly acted as a benami for Suryakant Tiwari and has assisted in the money laundering process. Apart from the above two washeries, after the income tax raids on Surykant Tiwari and his associates, Indermani Group purchased all the benami properties of Suryakant Tiwari to safeguard the ill-gotten proceeds of crime and to frustrate the efforts of Enforcement Directorate to attach the proceeds of crime. All these transactions are sham transactions and in effect petitioner’s Indermani Group is holding these assets for Suryakant Tiwari and his benamis. It is also alleged that he has only blocked his capital in these assets and the remaining entire cash transactions were still done by Suryakant Tiwari only. Accordingly, the petitioner was charge-sheeted for commission of offence under Sections 3 & 4 of the Prevention of Money Laundering Act, 2002 (for short “the PMLA, 2002”).

4. The record of the case would show that the petitioner filed an application for grant of regular bail before this Court bearing MCRC No. 402/2024 which was dismissed vide order dated 08.04.2024. Against that the petitioner preferred SLP (Crl.) No. 5890/2024 before Hon’ble the Supreme Court