Jharkhand High Court
Kumar Pranav vs The State Through Enforcement Of ... on 6 August, 2018
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5407 of 2018
Kumar Pranav .... .... Petitioner(s).
Versus
The State through Enforcement of Directorate .... .... Opp. Party(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
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FOR THE PETITIONER(S) : Mr. Indrajit Sinha, Advocate
Mr. Rahul Kumar, Advocate
FOR THE ENFORCEMENT
OF DIRECTORRATE : Mr. Amit Kumar Das, Advocate
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05/06.08.2018
Heard learned counsel for the parties. Learned A.P.P. opposes the prayer for bail.
The petitioner is an accused for allegedly committing an offence punishable under Sections 3 and 4 of the Prevention of Money Laundering Act, 2004.
Counsel for the petitioner submits that M/s Classic Coal Construction Private Limited has defalcated the government money by producing fake bills and challan showing procurement of bitumen between 2005-2008. It is alleged that petitioner has utilized the money in the year 2014 by purchasing a property valued at Rs. 6,42,393.44/-. He submits that on the date of schedule offence, the petitioner was admittedly a minor as his date of birth is 26.07.1991 and the period of committing schedule offence is 2005-2008. He submits that the schedule offence was committed by the father and uncle of this petitioner.
Counsel for the Enforcement Directorate submits that though the petitioner was minor at the time of scheduled offence yet money was used by this petitioner when he attained majority. He has purchased the property in the year 2014. He admits that the schedule offence was committed by father of this petitioner and after his death this petitioner invested the ill-gotten money.
Taking into consideration the submission of the parties and the fact that cognizance has been taken in this case and the petitioner was a minor when the schedule offence took place, I am inclined to allow this application. Accordingly, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Spl. Judge, PMLA, Ranchi in connection with ECIR NO. ECIR/09/PAT/12, subject to the condition that petitioner shall appear before the trial court once a month during trial, failing which his bail bond shall stand cancelled and trial court shall take all possible steps for his apprehension with another condition that one of the bailors must be a close relative of the petitioner having sufficient landed property. If the petitioner is a passport holder then the said passport should be deposited before the court below.
(ANANDA SEN , J) anjali/ C.P 3