The petitioner is before this Court assailing the order dated 5/21.03.2023 whereby the High Court of Jharkhand at Ranchi in Criminal Bail Application No.13289 of 2022 has rejected the prayer of the petitioner for bail.
The learned senior counsel would contend that though the said amount was available in his bank account, considering the period during which the illegal activity is alleged against the petitioner, the SLP(Crl.)
No 7561/2023 3 credit of Rs.30 lakh referred to is not during the said period but much earlier, on 24.01.2022 and as such the said amount cannot be classified as proceeds from crime.
In that regard, it is contended that the amount as indicated to be found in the account of the petitioner is only a part of such ill- gotten money and if the entire activities of illegal mining involving the petitioner, led by the said Pankaj Mishra is taken into consideration the amount would be to the extent of nearly 13 crores and as such the arrest of the appellant is justified and his custody is required to be continued.
In that background, keeping in view the allegation against the petitioner is of possessing the amount of Rs.30 lakh in his bank account, apart from the fact that the very allegation is that the said amount was deposited on 24.01.2022 which is prior to the period of illegal activity alleged, for the present there is an explanation as put forth by the petitioner during the course of investigation in answer to the specific question on being confronted with the account details in Jharkhand Gramin Bank, Bhagiamari Branch. It is further stated that the sum of Rs.26,00,024/- was transferred through NEFT to one Munmun Maji and it is stated that the said amount was the SLP(Crl.)
No 7561/2023 5 sale consideration for the property.
Hence, we direct that the petitioner be enlarged on bail subject to appropriate conditions being imposed by the trial court and the petitioner diligently adhering to such conditions, as also not being required in any other case.
Pending application, if any, shall stand disposed of.
Case Title: BACHHU YADAV Vs. DIRECTORATE OF ENFORCEMENT GOVERNMENT OF INDIA REPRESENTED BY ITS ASSISTANT DIRECTOR(PMLA)
Case Number: SLP(Crl) No.-007561 / 2023
