AMIT BANERJEE Vs. MANOJ KUMAR

JUDGEMENT

(1.) After lapse of more than one year from the date of rejection of his earlier prayer for bail, the petitioner has renewed his prayer for grant of bail in connection with M.L. Case No. 3/2015 pending before the learned Special Judge, CBI Court No. 1, Kolkata under Sec. 3 read with Sec. 4 of the Prevention of Money-Laundering Act, 2002 (hereinafter referred to as the 'PMLA').

(2.) Mr. Milon Mukherjee, learned senior advocate appearing for the petitioner submits that the petitioner is not an accused of any scheduled offence and is facing prosecution only in respect of offences punishable under Sec. 3 read with Sec. 4 of the PMLA. In view of such fact, it is submitted that restriction on the discretion of the Court to grant bail to the petitioner under Sec. 45 of the PMLA does not apply. He also submits that since the rejection of the prayer for bail of the petitioner, there has not been any progress in the matter before the trial court and copies of the documents relied upon by the prosecution have not yet been supplied. He accordingly, prays for bail in view of the fact that his client is in custody for 667 days and there is hardly any possibility of conclusion of trial in the near future. He also relies on various authorities in support of his contentions:-

(3.) Mr. Ranjan Kumar Roy, learned advocate appearing for the opposite party-Department submits that Sec. 45 of the PMLA Act, 2002 shall apply with full force in the instant case. He submits that Sec. 3 of the PMLA is couched in wide expression and includes offenders who are conspirators and/or abettors of the persons accused of the scheduled offence and in the light of such fact it would be incorrect to hold that Sec. 45 of the Act does not apply against the petitioner. He also submits that pursuant to the direction of this Court on 7th March, 2017 documents relied upon by the prosecution have been filed before the Special Court but the accused persons have refused to take copies thereof without inspection of the said documents. Accordingly, he prays for rejection of the prayer for bail.