Rajasthan High Court - Jaipur
Dhirendra Singh@Chintu S/O Shri Surya ... vs Union Of India on 12 May, 2020
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 4146/2020
Dhirendra Singh@chintu S/o Shri Surya Baksh Singh, R/o Village
Kumhadera, Police Station Lal Ganj District Raibareli,
Uttarpradesh And Presently R/o 48 F, Rishabh Nagar, Kalka Mata
Road, Udaipur, Rajasthan 313001. (Petitioner Is In J.c. At Central
Jail Jaipur)
----Petitioner
Versus
1. Union Of India, Through Additional Solicitor General
2. Umanand Vijay, Asst. Director, Enforcement Directorate
2Nd Floor, Jeevan Nidhi-Ii, Lic Bhawan. Bhawani Singh
Raod, Jaipur 302005
----Respondents
Connected With S.B. Criminal Miscellaneous Bail Application No. 3395/2020 Shyam Sunder Singhvi S/o Shri Kastur Chand Singhvi, R/o 301- N-1 Road Bhupalpura Udaipur Raj. 313001 (Presently Lodged At Central Jail Jaipur)
----Petitioner Versus
1. Union Of India, Through Pp
2. Uma Nand Vijay Assistant Director, Enforcement Directorate Second Floor Jeevan Nidhi -Ii L.i.c. Bhawan Bhawani Singh Road Jaipur 302005
----Respondents S.B. Criminal Miscellaneous Bail Application No. 3848/2020 Sanjay Sethi S/o Shri Swaroop Chand Sethi, Ro House No 58 Rajdhani Enclave Vikas Marg Police Thana Preet Vihar Delhi-92 Presently Residing At B-503 Vallabh Empire Apartment Navratan Complex Bhuwana Udaipur Raj. 313001(Currently Confined In Central Jail Jaipur)
----Petitioner Versus Union Of India, Through Uma Nand Vijay Assistant Director Directorate Of Enforcement 2Nd Floor Jeevan Nidhi-Ii L.i.c. (Downloaded on 12/05/2020 at 08:48:44 PM)
(2 of 8) [CRLMB-4146/2020] Building Bhawani Singh Road Jaipur 302005
----Respondent S.B. Criminal Miscellaneous Bail Application No. 4036/2020 Pushkar Raj Ameta S/o Indralalameta, R/o 13, New Ashok Vihar, Chand Badi Khara Kuan, Udaipur, Rajasthan. (At Present In Central Jail Jaipur In J.c.)
----Petitioner Versus
1. Union Of India, Through Additional Solicitor General
2. Umanand Vijay, Assistant Director, Enforcement Directorate Iind Floor, Jeevannidhi-Ii, Lic Bhawan Bhawani Singh Road, Jaipur-302005.
----Respondents S.B. Criminal Miscellaneous Bail Application No. 4037/2020 Pankaj Gehlot S/o Shri Ishwar Singh Gehlot, R/o Gehlot Bhawan Rathore Line Sirohi Raj. Presently R/o A-204, Dharendra Apartment, New Navrat Complex Udaipur, Rajasthan-313001 (Petitioner Is In Central Jail Jaipur In J.c.)
----Petitioner Versus
1. Union Of India, Through Additional Solicitor General
2. Umanand Vijay, Assistant Director, Enforcement Directorate Iind Floor, Jeevan Nidhi-Ii Lic Bhawan, Bhawani Singh Road, Jaipur-302005.
----Respondents
For Petitioner(s) : Mr. Vikas Jain.
Mr. V.R. Bajwa.
Mr. S.S. Hora.
Mr. A.K. Upman.
For Respondent(s) : Mr. R.D. Rastogi, Additional Solicitor
General assisted by Mr. Anand
Sharma.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
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12/05/2020
1. These bail applications have been filed by the petitioners under Section 439 Cr.P.C. The petitioners are in judicial custody in connection with Session Case No.1/2019 (previously ECIR No.JPZO/10/2015, Criminal Complaint No.10/2018) pending in the court of Special Sessions Judge (Communal Riots/Prevention of Money Laundering Act, 2002), Jaipur Metropolitan, Jaipur for offences under Sections 3 & 4 of Prevention of Money Laundering Act, 2002.
2. Due to outbreak of Coronavirus (COVID-19), the lawyers are not appearing in the courts.
3. Heard learned counsels for the parties through video calling and perused the record.
4. Brief facts of the case are that a raid was conducted by the Anti Corruption Bureau (in short "ACB") in the office of the petitioner Shyam Sunder Singhvi who is a Chartered Accountant on 16.09.2015 and an amount of Rs.2.55 Crores was seized/recovered from possession of the co-accused Dhirendra Singh and Sanjay Sethi. Thereafter the ACB registered an FIR on 19.09.2015 under Section 120-B & 409 of IPC and also under sections 7, 8, 9, 10, 12, 13(1) (a)(c)(d), 13(2) & 14 of the Prevention of Corruption Act,1988 (in short Scheduled Offences). On 04.11.2015 the investigating agency after completion of investigation filed the charge-sheet against the petitioners & other co-accused under the Scheduled offences before the Special Judge (PC Act), Udaipur. The petitioners were enlarged on bail in the Scheduled Offences by the Coordinate Bench of this Court at Principal Seat, Jodhpur.
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5. On 30.11.2015, ECIR No.JPZO/10/2015 was registered under the provisions of The Prevention of Money Laundering Act,2002 (in short the "PML Act) against the petitioners and other co-accused persons. Summons were issued by the Enforcement Department to the petitioners and other co- accused persons and in pursuance thereof the petitioners appeared before the Enforcement Department.
6. The enquiry of Enforcement Department was continued for about 21/2years, and on 16.07.2018 the Enforcement Department filed a complaint no.10/2018 before the Designated Court under PML Act. Thereafter on 21.01.2019 the Designated Court under PML Act took cognizance under sections 3 & 4 of the PML Act and summoned the petitioners and other co- accused persons through non-bailable warrants. On 27.03.2019 proceedings of the ACB case pending before the Special Court (Udaipur) were transferred to Special Court (PML Act), Jaipur and as such both the cases went under trial in same court i.e. Special Court, PML Act Jaipur Metropolitan, Jaipur. The orders of cognizance as well as summoning the petitioners through bailable warrants dated 21.01.2019/ 03.01.2020 were challenged by the petitioners and other co-accused persons by filing the misc./revision petitions which were dismissed by the Coordinate bench of this Court vide order dated 24.01.2020. The said order was further challenged by the petitioners and other co-accused persons before the Hon'ble Supreme Court by filing SLPs which were also dismissed by the Hon'ble Supreme Court vide order dated 10.02.2020, however the Hon'ble (Downloaded on 12/05/2020 at 08:48:44 PM) (5 of 8) [CRLMB-4146/2020] Supreme Court granted protection from being arrested upto 17.02.2020. Thereafter the petitioners appeared/surrendered before the Designated PML Act Court on 19.02.2020/17.03.2020 and filed respective bail applications under section 439 Cr.P.C. which were dismissed by the Designated PML Act Court vide orders dated 28.02.2020/20.03.2020. Hence these bail application have been filed by the petitioners.
7. Learned counsels for the petitioners submitted that the petitioners have already been granted bail by this court under the scheduled offences in which maximum sentence is ten years whereas in the present case under the PML Act the maximum sentence is only upto seven years. Learned counsels further submits that the petitioners have participated in the proceedings before the Directorate of Enforcement for more than 21/2 years and during the said period the petitioners were never arrested. Counsel further submitted that the officers of the Enforcement Department are having powers to arrest the petitioners under section 19 of the PML Act even during enquiry, however, the petitioners were never arrested. Counsel further submitted that a bare reading of the complaint filed before the Designated Court, PML Act clearly shows that ED has not prayed for keeping the petitioners in custody or for issuance of arrest warrants. Counsel further submits that a raid was conducted and the amount which was recovered by the ACB under the scheduled offences is lying in the FDR and no misuse of the said amount has been committed either by the petitioners or by (Downloaded on 12/05/2020 at 08:48:44 PM) (6 of 8) [CRLMB-4146/2020] other co-accused persons. Counsel further submits that the trial of both the cases is jointly going on and the petitioners have been granted bail even under the scheduled offences. Counsel relied upon the judgments passed by the Hon'ble Supreme Court in the matter of Nikesh Tarachand Shah, reported in (2018) 11 SCC 1 and Dataram Singh Vs. State of Uttar Pradesh & Anr., reported in (2018) 3 SCC 22.
8. Sh. R.D. Rastogi, Additional Solicitor General assisted by Mr. Anand Sharma Adv., submitted that the cases registered against the petitioners under the Scheduled Offences and under the PML Act are for two separate offences and the present offence is more serious in nature and therefore, no case is made out for grant of bail to the petitioners. Learned Senior Counsel further submitted that there is likelihood of tempering with the evidence. Learned Senior Counsel further submits that the cognizance has already been taken by the Designated Court, PML Act against the petitioners and the cognizance order challenged by the petitioners has been confirmed by this Court as well as Hon'ble Supreme Court and therefore, prima facie offence is made out against the petitioners. Counsel further submits that the petitioners have not appeared before the trial court from 21.01.2020 till 17.02.2020 despite issuing bailable/arrest warrants. Counsel further submits that the present case is a serious economic offence and therefore the petitioners are not entitled for grant of bail. In support of contentions counsel relied upon the judgment passed by the Hon'ble Supreme Court in the matter of Omar Usman Chamadia (Downloaded on 12/05/2020 at 08:48:44 PM) (7 of 8) [CRLMB-4146/2020] V. Abdul And Another, reported in (2004) 13 SCC 234, State of U.P. through CBI Vs. Amarmani Tripathi, reported in (2005) 8 SCC 21, Kanwar Singh Meena Vs. State of Rajasthan & Anr, reported in (2012) 12 SCC 180 and Pankaj Jain Vs. Union of India & Another, reported in (2018) 5 SCC 743 and also of the Madras High Court in the matter of M/s. VGN Developers P Ltd. & Anr. Vs. The Deputy Director, delivered on 04.10.2019 in Crl.O.P. No.9796/2019 & connected matter.
9. It is not in dispute that the petitioners have been granted bail by the Coordinate Bench of this Court at Principal Seat, Jodhpur under section 439 Cr.P.C. under the scheduled offences. It is also not in dispute that the petitioners are in custody since 19.02.2020/ 17.03.2020.
10. While dealing with the present bail applications, this court has to see three facts, 1. running away of the accused 2. tempering with the evidence 3. influencing witnesses.
11. After considering these three factors in the facts and circumstances of the present case and going through the judgments cited by both the counsels, in my considered view the petitioners are entitled to be released on bail for the reasons; firstly the argument of Mr. R.D. Rastogi, ASG that the petitioners failed to appear before the trial court from 21.01.2020 till 17.02.2020 is not of any help as the petitioners were persuing their legal remedy under the law during the said period; secondly since all the documents seized are lying either with the officers of the Department or with the Court, so there is no question of tempering with the evidence; thirdly so far (Downloaded on 12/05/2020 at 08:48:44 PM) (8 of 8) [CRLMB-4146/2020] apprehension of influencing the witnesses is concerned in my considered view no attempt has been made by the department to show that the petitioners have ever tried to influence the witnesses of the department and fourthly the petitioners have been granted bail under the scheduled offences and the trial of both the cases is jointly going on and therefore no useful purpose would be served in keeping the petitioners in custody and lastly the amount seized by the ACB is lying in the FDR and the same has not been used either by the petitioners or by other co-accused persons. Therefore, taking into account all the facts and circumstances into consideration, the present bail application deserve to be allowed.
12. Accordingly, the petitions are allowed. Petitioners be admitted to regular bail subject to satisfaction of the trial court. Office is directed to send a copy of this order to the concerned trial court through e-mail/fax, for necessary compliance.
(INDERJEET SINGH),J MG/23-27 (Downloaded on 12/05/2020 at 08:48:44 PM) Powered by TCPDF (www.tcpdf.org)