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2024 (5) TMI 674 - SC ORDERMoney Laundering - grant of Interim bail - HELD THAT:- After issuance of warrant, the petitioner surrendered and thereafter applied for bail. Even without surrendering also, the petitioner could have applied for cancellation of warrant by giving an undertaking to the Special Court to remain present on the dates fixed before the Special Court. The petitioner has undergone incarceration for a period of 1 year and 1 month. Considering these facts, the petitioner is entitled to be enlarged on interim bail. The documents annexed to the counter affidavit, create an impression that though a complaint under Section 44(1)(d) of the PMLA Act was filed, a separate charge-sheet was presented by the Assistant Director of Enforcement Directorate to the special public prosecutor Mr. Goel which was ordered to be registered as a Criminal Miscellaneous Case. It needs to be verified whether cognizance was taken on the basis of the charge-sheet. The learned Additional Solicitor General, on instructions, points out that in the State of Uttarakhand, a complaint is referred as a charge-sheet and in fact there was no such charge-sheet. Though there are no reason to disbelieve the responsible statement made by the learned Additional Solicitor General, the fact remains that page 96 mentions that there was a charge-sheet presented to the special public prosecutor. The Registry is directed to call for a soft copy of the entire record of Criminal Case No. 2 of 2021 from the Court of the learned Special Judge, PMLA, Dehradun, Uttarakhand - List on 10th May, 2024.
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