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2022 DIGILAW 2047 (RAJ)

Ankit Sharma v. Directorate of Enforcement

2022-07-19

NARENDRA SINGH DHADDHA

body2022
JUDGMENT : Narendra Singh Dhaddha, J. 1. The anticipatory bail applications have been filed under Section 438 Cr.P.C. in connection with Complaint No. ECIR/JPZO/02/2014 dated 21.10.2014 for the offence(s) under Sections 3 and 4 of Prevention of Money Laundering Act and against the order dated 08.12.2021 passed by Special Judge, CBI Cases No. 3 Jaipur Metropolitan-I in bail application No. 35/2021 whereby the learned trial court has dismissed the bail application filed by the petitioners under Section 438 Cr.P.C. 2. Counsel for the petitioners submits that petitioners have been falsely implicated in this case. Name of the petitioners are not mentioned in the FIR. Learned counsel for the petitioners also submits that main accused Mohit Sharma was enlarged on bail by co-ordinate bench and co-accused Mahesh Sharma was enlarged on bail by Hon'ble Apex Court. Learned counsel for the petitioners also submits that nothing is to be recovered from the petitioners. Trial Court after taking cognizance against the petitioners, wrongly summoned the petitioners by way of arrest warrants. Custodial interrogation of the petitioners are not required. So, petitioners be enlarged on anticipatory bail. 3. Learned counsel for the petitioners has placed reliance upon the judgments of: (1) Siddharth v. State of Uttar Pradesh & Anr. Criminal Appeal No. 839 of 2020 (2) Amanpreet Singh v. CBI, MANU/SC/0599/2021 (3) Satender Kumar Antil v. CBI, SLP Crl. No. 5191 of 2021, dated 28.07.2021 (4) Satender Kumar Antil v. CBI, SLP Crl. No. 5191 of 2021, dated 07.10.2021 (5) Satender Kumar Antil v. CBI, SLP Crl. No. 5191 of 2021, dated 16.12.2021 (6) Court on its own motion v. CBI, Crl. Misc. (M) No. 3875/2003 (7) Mohit Sharma v. Directorate of Enforcement, SB Criminal Miscellaneous Bail Application No. 14691/2020 (8) Mahesh Chand Sharma v. Sharad Kumar, SLP (Crl.) No. 2795/2021 (9) Manju Tanvar v. Union of India, SB Criminal Miscellaneous Bail Application No. 12011/2019 (10) Deepa Heda v. Union of India, SB Criminal Miscellaneous Bail Application No. 4619/2018 (11) Uma Charan Sharma & Ors v. Union of India, SB Criminal Miscellaneous Bail Application No. 14530/2019 4. Learned Additional Solicitor General has opposed the arguments advanced by learned counsel for the petitioners and submits that the bail applications are not maintainable. Petitioners had challenged the cognizance order which is pending. Learned Additional Solicitor General has opposed the arguments advanced by learned counsel for the petitioners and submits that the bail applications are not maintainable. Petitioners had challenged the cognizance order which is pending. Learned Additional Solicitor General also submits that petitioners also filed the petition under Section 70(2) Cr.P.C. for conversion of arrest warrant into bailable warrant but said application was dismissed by co-ordinate Bench of this Court and proceedings under Section 482 Cr.P.C. is also pending. Learned Additional Solicitor General also submits that petitioners are involved in the commission of serious economic offence of money laundering. Learned Additional Solicitor General also submits that Apex Court in various pronouncements stated that economic offender runs parallel economic and it effect the economy of the nation. So, anticipatory bail should not be granted to the offenders. Learned Additional Solicitor General also submits that petitioners have active role with the co-accused. So, anticipatory bail be dismissed. 5. Learned Additional Solicitor General has placed reliance upon the following judgments: (1) Rajkumar Daitapati v. Director Enforcement, S.B. Criminal Misc. Bail Application No. 16124/2021 decided on 11.11.2021 (2) P. Chidambaram v. E.D. (2019) 9 SCC 24 (3) Tamanna Begum v. E.D. in S. B. Criminal Misc. Bail Application No. 4148/2020 decided on 01.06.2020 (4) Ambalal Punamchand Rashamwala v. State of Maharashtra & Anr. 1991 SCC online Bom 676 (5) Jai Singh v. Union of India, (1977) 1 SCC 1 (6) Union of India v. Cipla Ltd. (2017) 5 SCC 262 (7) Kanti Bhadra Shah v. State of West Bengal, (2000) 1 SCC 722 (8) Sanatan Pandey v. State of U.P. SLP (Crl.) No. 7358/2021 (9) Manubhai Najbhai Dhandhal v. Commissioner of Police, Special Civil Application No. 9651/2009 decided on 14.05.2010 (10) Dr. Ashok Singhvi v. Union of India, S.B. Criminal Misc. Bail Application No. 6273/2020 decided on 06.07.2020 (11) Court on its own motion v. State, 2018 SCC Online Del. 12306 (12) Virupakshappa Gouda & Anr. v. State of Karnataka & Anr. (2017) 5 SCC 406 (13) Sudhir Kumar Kad v. CBI, M.G.C. No. 9763/2020 decided on 19.03.2020 (14) Sudhir Kumar Kad v. CBI, Special Leave Petition (Crl.) Diary No. 10979/2020 decided on 24.04.2020 (15) Girdhar Gopal Bajoria v. Rajesh Kumar Sharma, S.B. Criminal Revision Petition No. 731/2021 decided on 23.09.2021 (16) Pooran Singh & Anr. v. State of Rajasthan, S.B. Criminal Misc. v. State of Rajasthan, S.B. Criminal Misc. Petition No. 474/2010 decided on 25.05.2010 (17) Shyam Sunder Singhvi v. Union of India, S.B. Criminal Revision Petition No. 273/2019 decided on 24.01.2020 (18) Shyam Sundar Singhvi v. Union of India, SLP (Crl.) No. 792/2020 (19) State of Gujarat v. Mohan Lal Jitamalji Porwal, (1987) 2 SCC 364 (20) Y.S. Jaganmohan Ready v. CBI, (2013) 7 SCC 439 (21) Pramod Kumar Saxena v. State of U.P. (2008) 9 SCC 685 (22) Gautam Kundu v. E.D. (2015) 16 SCC 1 (23) Anoop Bartaria v. E.D. S.B. Criminal Writ Petition No. 704/2018 (24) Rohit Tandon v. Union of Indai & Ors. (2018) 11 SCC 46 (25) Ajay Kumar v. E.D. Criminal Application (BA) No. 1149/2021 (26) N. Umashankar @ N.M. Umashankar & Ors. v. Assistant Director, E.D. Criminal O.P. Nos. 3381, 3383 and 3385/2021 (27) N. Umashankar @ N.M. Umashankar & Ors. v. Assistant Director, E.D. SLP (Crl.) Nos. 620-622/2022 (28) Upendra Rai v. Directorate of Enforcement, 2019 SCC Online Del 9086 (29) ED v. Upendra Rai, SLP (Crl.) Diary No. 5150/2020 (30) Mohammad Arif v. E.D. 2020 SCC Online Ori 544 (31) Mohammad Arif v. E.D. SLP (Crl.) No. 4878/2020 (32) Nikesh Tarachand Shah v. Union of India, (2018) 11 SCC 1 (33) Vidyut Kumar Sarkar @ Ashok Das v. State of Bihar, Criminal Misc. No. 73325/2019 (34) Muzaffar Ali Bohra v. E.D. S.B. Criminal Misc. Bail No. 7598/2021 (35) Mahesh Chand Sharma vs. Sharad Kumar, S.B. Criminal Misc. Bail No. 5326/2021 decided on 15.03.2021 (36) Ankit Sharma v. E.D. S.B. Criminal Misc. Bail Application No. 15523/2021 (37) Meena Devi v. E.D. S.B. Criminal Misc. Bail Application No. 15524/2021 (38) Jainarayan Sharma v. Assistant Director, E.D. S.B. Criminal Misc. Bail Application No. 1528/2022 6. I have considered the arguments advanced by learned counsel for the petitioners as well as learned Additional Solicitor General and perused the material available on record. 7. Looking to the facts and circumstances of the case, petitioners are involved in serious economic offence, the Principle of Law enunciated by Apex Court in P. Chidambaram's Case but without expressing any opinion on the merits of the case, I do not consider it a fit case to enlarge them on anticipatory bail. 8. Accordingly, the anticipatory bail applications are dismissed.