ASHOK SINGHVI Vs. UNION OF INDIA

JUDGEMENT

(1.) These bail applications under Section 439 Cr.P.C. have been filed by the accused applicants in Sessions Case No.1/2019 pending in the court of Jaipur Metropolitan, Jaipur for offence under Section 3 / 4 of the Prevention of Money Laundering Act, 2002 involving an amount of Rs.2.55 Crores as tainted money of scheduled offence of corruption in mining department of the State Government of Rajasthan.

(2.) Heard learned counsel for both the sides and perused the material available on record as well as written submissions filed on behalf of non applicants.

(3.) Mr. Anil Upman and Mr. Deepak Chauhan learned counsel for both the accused applicants have submitted that similarly situated co-accused persons have been enlarged on bail by the coordinate bench of this court vide order dated 12-5-2020 and the case of accused applicants is not distinguishable from them. Both the applicants are not required for the purpose of investigation/ enquiry as the Enforcement Directorate has already filed the complaint in the matter. During the course of investigation, statements of both the applicants were recorded and they fully cooperated in the investigation. Neither they were arrested during the course of investigation, nor there was any prayer to summon them through arrest warrants. Both the applicants have already been granted bail in the scheduled offences, on the basis of which this case has been registered. Both the applicants could not appear before the trial court immediately after the summoning by the trial court, as they were pursuing legal remedies available to them. Both the applicants also satisfy the conditions of triple test on the basis of which other co-accused persons have been granted bail.