AMANATULLAH KHAN Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) By way of present application filed under Sec. 438 of the Code of Criminal Procedure, 1973 ('Cr.P.C') read with Sec. 45 and 65 of Prevention of Money Laundering Act, 2002 ('PMLA'), the applicant Sh. Amanatullah Khan seeks grant of pre-arrest bail in case arising out of ECIR No. DLZO-I/35/2022, dtd. 16/9/2022, registered for offences punishable under Ss. 44 and 45 of the PMLA. FACTUAL BACKGROUND

(2.) The case of the prosecution, as discerned from the impugned order and the ECIR No. DLZO-I/35/2022, is that a case was registered against the applicant i.e., Amanatullah Khan, a Member of Legislative Assembly ('MLA') of Delhi, from Aam Aadmi Party, as well as Mr. Mahboob Alam, the then CEO of Delhi Waqf Board ('DWB') and other unknown persons, in relation to the predicate offence's case registered against the accused persons i.e. FIR No. 9(A) dtd. 23/11/2016, registered by the Central Bureau of Investigation ('CBI'), AC-III, New Delhi for offences punishable under Sec. 120B of Indian Penal Code, 1860 ('IPC') and Sec. 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 ('PC Act'). Thereafter, the following cases were also clubbed in the present ECIR:

(3.) Insofar as FIR No. 9(A) is concerned, the CBI had filed a chargesheet on 31/8/2022, inter alia, alleging as under: