VISHAL KUMAR SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Vijay Prakash, learned counsel for the petitioner and Mr. Amit Kumar Das, learned counsel for the opposite party-ED.

(2.) The petitioner is seeking anticipatory bail in connection with ECIR Case No.03/2022 in ECIR/RNSZO/08/2018, dtd. 29/10/2018, registered for the offence under Sec. 45 of the PMLA and cognizance under Sec. 3 read with 4 of PMLA has been taken against the petitioner, pending in the court of the learned Special Judge, CBI cum Special Judge under PMLA at Ranchi.

(3.) Learned counsel for the petitioner submits that the petitioner has been granted regular bail in the predicate offence by a coordinate Bench of this Court vide order dtd. 14/10/2019. He further submits that the ED has taken over the investigation of the case. The petitioner is not proprietor and he joined M/s DJN Commodity on salary basis on the post of Director. He submits that the petitioner is ready to fulfil any condition put by this Court and considering that he has been granted regular bail in the predicate offence, he may be granted on anticipatory bail in the present case. He also submits that identical are the issues before the Punjab and Haryana High Court in Dalip Singh Mann and another v. Niranjan Singh, Assistant Director, Director of Enforcement, Govt. of India and considering that the petitioners of that case were granted interim bail in the predicate offence, the interim order was made absolute. He also relied upon the order passed by the Hon'ble Supreme Court in Anamika Nandi v. Directorate of Enforcement in Criminal Appeal No.1529/2022 and submits that anticipatory bail was granted to the petitioner of that case with regard to the case arising out of PMLA. On these grounds, he submits that the petitioner may be granted the benefit of Sec. 438 Cr.P.C.