Excelsior Correspondent
JAMMU, Nov 23: Principal Sessions Judge Jammu Sanjay Parihar has granted interim bail to former Minister and Dogra Swabhiman Sangathan Party (DSSP) supremo Lal Singh.
After hearing Advocates Rajesh Kotwal and AP Singh for the applicant whereas Special PP Ashwani Khajuria for the Enforcement Directorate, the court observed, “property that is alleged to have resulted in yielding of crime proceeds has been valued at the time of transfer at Rs 16 lakh only which is far less than the prescribed value of Rs one crore as provided under proviso to Section 45”.
“Considering the fact that petitioner is not involved in the predicate offence and the allegations of threat and intimidation sought to be attributed against the petitioner on the strength of statements given by donor under Section 50 of the PMLA, that too being not on oath, would not be deemed as a sufficient material to come within the purview of reasonable grounds for believing the petitioner to be guilty”, the court said.
“The property stated to be proceeds of crime has fallen to the domain of Trust in the year 2011 and thereafter till date of arrest of the petitioner nowhere it is discernable in the report given by the respondent that the petitioner had in any way indulged in creation of any other assets on the strength of the original criminal activity”, the court said, adding “in fact, the criminal activity forming the basis of predicate offence (registered by CBI) is completely different from the one projected by the respondent. There may be accusation that petitioner is involved in a serious offence, however, the material so produced in the report given by the respondent when examined on the touchstone of grant or declining of bail, leans in favour of petitioner who is presumed to be innocent until proved guilty by due process of law”.
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Court further observed that his case in the given factual backgrounds comes within the purview of proviso to Section 45 PMLA because the value of the property is less than Rs 1 crore as there isn`t any proceeding against the petitioner having violated a fiscal statute of undervaluing immovable property. “Even otherwise also his role is attributed only as an Attorney because the transfer has been affected from the donor in favour of the Trust. So, parties thereto are to be held accountable for undervaluation and not the petitioner. In that background denial of bail to the petitioner would give him an impression that he is being held guilty without trial”, the court added.
“In that background, petitioner has been able to carve out a strong prima facie case for enlargement on interim bail as such the petitioner is admitted to interim bail, subject to furnishing surety for an amount of Rs 2 lakh with personal bond of the like amount, on the conditions that he shall remain present before the ED as and when called and shall render all possible assistance in due investigation of the case”, the court said and directed that Lal Singh shall not indulge in repetition of offence and refrain from intimidating or harassing the prosecution witnesses.
“In the event of any such claim of the respondent, the concession of bail is amenable to withdrawal”, the court said and directed him to surrender his passport before the ED.
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