HEMANT SOREN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Kapil Sibal and Miss Meenakshi Arora, learned Senior Counsels for the petitioner and Mr. S.V. Raju, learned Additional Solicitor General of India for the Enforcement Directorate.

(2.) The petitioner seeks bail in this application as he is in custody in connection with ECIR Case No. 06/2023, arising out of ECIR/RNZO/25/2023 dtd. 26/6/2023, registered u/s 3 of the Prevention of Money Laundering Act, 2002 (herein after referred to as PMLA, 2002) punishable u/s 4 of PMLA, 2002 pending before the Court of Sri Rajiv Ranjan, learned Additional Judicial Commissioner-I-cum-Special Judge, PMLA, Ranchi.

(3.) A prosecution complaint under the PMLA, 2002 was instituted being ECIR Case No. 06/2023 against the present petitioner (Hemant Soren), Bhanu Pratap Prasad, Raj Kumar Pahan, Hilariyas Kachhap and Binod Singh and the background for sharing information u/s 66(2) of the PMLA, 2002 reveals that during investigation in another case being ECIR No. RNZO/18/2022 into the matter of fraudulent acquisition of land which was in possession of Ministry of Defence, Government of India, having area 4.45 acres at Morabadi, Ranchi it came to light that a group of private persons in connivance with government officials including the Ex-Deputy Commissioner, Ranchi, Chhavi Ranjan and Bhanu Pratap Prasad (Revenue Sub-Inspector, Circle Office, Baragain, Ranchi) were part of a land grabbing syndicate and was involved in corrupt practices which included acquiring properties on the basis of false deeds, falsification of Government records, tampering with original revenue documents etc. to facilitate private persons to acquire landed properties in a fraudulent manner. During investigation a survey was initially conducted at Circle Office, Baragain, Ranchi on 9/2/2023, in which, few original records kept in custody of Bhanu Pratap Prasad were verified and falsification and tampering in the registers were identified. It has been alleged that Bhanu Pratap Prasad was involved in corrupt practices and had been a party with several persons involved in acquisition of properties and on a raid conducted at several premises including the rented premises of Bhanu Pratap Prasad eleven trunks of voluminous property documents along with seventeen original registers (Register-II) were seized from his possession. Since the matter was related to forgery with the revenue records by a government official the information was shared with the Chief Secretary, Jharkhand and accordingly Sadar P.S. Case No. 272/2023 was registered on a written complaint of Manoj Kumar, Circle Officer, Baragain Anchal. It has been alleged that the registers contain reference to several properties which have been acquired in an illegal manner including the reference of properties measuring 8.86 acres at Shanti Nagar, Baragain, Bariatu Road (near Lalu Khatal) illegally acquired and possessed by the petitioner.