VIRENDRA GOEL Vs. V
LAWS(ALL)-2020-1-682
HIGH COURT OF ALLAHABAD
Decided on January 22,2020

Virendra Goel Appellant
VERSUS
V Respondents

JUDGEMENT

Dinesh Kumar Singh,J. - (1.) This petition under Sections 482 of the Code of Criminal Procedure, 1973 has been filed, impugning the order dated 12th November, 2019 passed by the Sessions Judge/Special Judge, PMLA, Lucknow on applications filed by the petitioner and other co-accused for allowing them to furnish bonds to the satisfaction of the PMLA Court in Complaint Case No. 9 of 2017 instead of taking them in custody and dealing with their bail applications etc.
(2.) The petitioner and other co-accused had been summoned for 29.01.2018 by the Court for appearance and participation in trial for offences under Section of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the ''PML Act'). The petitioner and other co-accused did not appear in person on 29.01.2018 in compliance of summoning order before the Court, however, their counsels appeared on the date fixed, and sought sometime to file applications necessary for putting appearance and furnishing bonds etc. on the ground that the petitioner and other co-accused were already released on bail in schedule offence(s), and they had not misused the liberty. It was further contended that the Enforcement Directorate did not arrest the petitioner during the investigation under Section 19 PML Act. It was also contended that the trial of schedule offence(s) as well as offence(s) under PML Act should be jointly conducted by the Court as provided under the provisions of Section 44(1)(C) PML Act. The Special Court, however, vide order dated 29th January, 2018 did not grant any relief, as prayed for, and issued non-bailable warrants against the petitioner and other accused.
(3.) The petitioner, instead of appearing before the Special Court, approached this Court by way of filing Petition No. 509 of 2018 under Section 482 CrPC, praying therein that the proceedings of Complaint Case No. 9 of 2017 initiated by the Enforcement Directorate before the Special Judge, PMLA/Sessions Judge, Lucknow be quashed, and secondly that the petitioner should be directed to furnish personal bond to the satisfaction of the Court concerned in the aforesaid complaint case, and the Court be directed to accept the same. However, during the course of arguments, the first prayer was not pressed.;


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