Rajasthan High Court - Jaipur
Deepak Kumar Tanti S/O Shri Kameshwar ... vs Aalok Kumar Mathur on 22 January, 2020
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 598/2020
Deepak Kumar Tanti S/o Shri Kameshwar Tantwa B/c Tanti, R/o
Mohammad Bhikanpur, Ward No 34, Ishak Chak, Distt.
Bhagalpur Bihar (Accused Confined In Central Jail Jaipur)
----Petitioner
Versus
Aalok Kumar Mathur, Assistant Director, Directorate Of
Enforcement Second Floor, Jeevan Nidhi-2nd L.I.C. Bhawan,
Bhawani Singh Road Jaipur 302005
----Respondent
For Petitioner(s) : Mr. Hanish Khan
For Respondent(s) : Mr. Anand Sharma with Ms. Ritu
Pathak
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 22/01/2020 The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in Session Case No.12/2019 (criminal complaint no. 6/2018) pending in the Court of Special Judge Communal Riots Cases, Jaipur for offence) under Section 3/4 of the Prevention of Money Laundering Act, 2002.
It is contended by learned counsel for the petitioner that initially the petitioner was arrested in FIR no.1472/2016 registered with Police Station Kotwali District Alwar for offence under Sections 420, 409, 467, 468, 471 and 120-B of IPC and Sections 66-C and 66-D of the Information Technology Act and was granted benefit of bail after remaining in custody for three years. He contended that on the same set of facts, the instant complaint came to be filed under the provisions of Prevention of Money (Downloaded on 28/01/2020 at 09:12:31 PM) (2 of 3) [CRLMB-568/2020] Laundering Act, 2002, wherein the Learned Special Judge has, vide its order dated 08.03.2019 while taking cognizance under Section 3 of the Act 2002, issued arrest warrant, in pursuance whereof, the petitioner was arrested through production warrant on 11.10.2019. He submitted that co-accused Mahesh Mudgal is on bail as his non-bailable warrant was converted to bailable warrant by this Court. It is contended by learned counsel that the offence under Section 3 is punishable under Section 4 of the Act, 2002, which provides sentence as under:-
"Whoever commits the offence of money- laundering shall be punishable with rigorous imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine."
He contended that while taking cognizance, the learned Special Judge should have issued bailable warrant at the first instance and in any case; since, the maximum punishment provided under Section 4 is 7 years and trial of the case is likely to take time, the petitioner be enlarged on bail.
Per contra, learned counsel appearing for the complainant submitted that since there is serious allegation against the petitioner of committing offence involving amount of Rs. 1,32,43,000/-, the petitioner should not be extended the benefit of bail. He further contended that the petitioner has misused his liberty of bail granted in FIR no. 1472/2016 and hence, the petitioner be not extended the benefit of bail.
Heard learned counsels for the parties and perused the record.
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(3 of 3) [CRLMB-568/2020] Taking into consideration the submissions advanced by learned counsel for the petitioner, length of custody, enlargement of co-accused on bail and the provisions of Section 4 of the Act 2002; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application is allowed and it is directed that accused-petitioner Deepak Kumar Tanti S/o Shri Kameshwar Tantwa shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.
(MAHENDAR KUMAR GOYAL),J Sudha/94 (Downloaded on 28/01/2020 at 09:12:31 PM) Powered by TCPDF (www.tcpdf.org)