JUDGEMENT
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(1.)These bail applications under Section 439 Cr.P.C. have been filed by the accused applicants in Sessions Case No.1/2019
pending in the court of Jaipur Metropolitan, Jaipur for offence under Section 3 / 4 of the Prevention of Money Laundering Act, 2002 involving an
amount of Rs.2.55 Crores as tainted money of scheduled offence
of corruption in mining department of the State Government of
Rajasthan.
(2.)Heard learned counsel for both the sides and perused the material available on record as well as written submissions filed on
behalf of non applicants.
(3.)Mr. Anil Upman and Mr. Deepak Chauhan learned counsel for both the accused applicants have submitted that similarly situated
co-accused persons have been enlarged on bail by the coordinate
bench of this court vide order dated 12-5-2020 and the case of
accused applicants is not distinguishable from them. Both the
applicants are not required for the purpose of investigation/
enquiry as the Enforcement Directorate has already filed the
complaint in the matter. During the course of investigation,
statements of both the applicants were recorded and they fully
cooperated in the investigation. Neither they were arrested during
the course of investigation, nor there was any prayer to summon
them through arrest warrants. Both the applicants have already
been granted bail in the scheduled offences, on the basis of which
this case has been registered. Both the applicants could not
appear before the trial court immediately after the summoning by
the trial court, as they were pursuing legal remedies available to
them. Both the applicants also satisfy the conditions of triple test
on the basis of which other co-accused persons have been granted
bail.
The bail applications should be allowed. Learned counsel for the applicants have relied upon the judgments in Sita Ram Vs. State of Rajasthan [1994(1) RLW 227], Suraj Vs. State of Rajasthan [RLW 1986 Raj. 325], Data Ram Singh Vs. State of U.P. [(2018)3 SCC 22], P. Chidambaram Vs. CBI [AIR 2019 SC 5273], P. Chidambaram Vs. Directorate of Enforcement [AIR 2019 SC 1669], Sanjay Chandra Vs. CBI [(2012)1 SCC 40], Sushila Aggarwal Vs. State (NCT of Delhi) [(2020 SCC Online SC 98], S. Kassi Vs. State [JT 2020(6) SCC 363] and Siddharam Satlingappa Mhetre Vs. State of Maharashtra [2011 Cr.L.R. (SC) 1].
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