Arvind Rajta Vs Directorate of Enforcement (ED) (Himachal Pradesh High Court)
Himachal Pradesh High Court held that bail in scholarship scam case liable to be granted since there is no chance of commencement and conclusion of trial in near further and twin conditions as per section 45 of PMLA satisfied. Accordingly, bail application allowed.
Facts- Applicant-Arvind Rajta has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to release him, on bail, during the pendency of the trial, in case No. ECIR/SHSZO/04/2019, dated 22.07.2019, registered with the Enforcement Directorate Office (ED), Sub-Zonal Office, Rani Villa, Bagrian House, Strawberry Hills, Chhota Shimla, Shimla, Himachal Pradesh.
According to the applicant, the said ECIR was registered on the basis of the source information of case FIR No. 133 of 2018, registered with Police Station East and RC registered by CBI, under Sections 409, 420, 467, 468 and 471 IPC, read with Sections 13(1)(c) & 13(1)(d) read with Section 13 (2) of the Prevention of Corruption Act.
Conclusion- Held that keeping in view the number of witnesses, stage of the trial, as well as, the voluminous record, relied upon, by the prosecution, before the learned trial Court, read with the fact that the trial of the predicate offences has not yet commenced, this Court is of the considered opinion that the chances of commencement and conclusion of the trial, against the applicant, in near future, are not so bright and all these facts are sufficient to hold that the twin conditions, as per section 45 of the PMLA, are existing in favour of the applicant. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. Consequently, the applicant is ordered to be released on bail, during the pendency of the trial.
