Chakresh Jain @ Chakresh Kumar Jain v. Union Of India Through The Assistant Director (Pmla)
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59189 of 2022 Arising Out of PS. Case No.-5 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== CHAKRESH JAIN @ CHAKRESH KUMAR JAIN Son of Pawan Kumar Jain R/o Ramna Road, Near Jain Mandir, P.S- Gaya Town, Dist- Gaya ... ... Petitioner/s
Versus
Union of India through the Assistant Director (PMLA) Directorate of Enforcement (Prevention of Money Laundering Act, 2002) 1st Floor Chandrapura Place, Bank Road, West Gandhi Maidan, Patna 800001 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Patanjali Rishi, Advocate For the Opposite Party/s :
Mr. K.N. Singh, A.S.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned counsel for the E.D.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 4 of the Prevention of Money Laundering Act, 2002.
Learned counsel for the petitioner submits that earlier the anticipatory bail application of the petitioner on merit was rejected by an order dated 23.01.2020 in Criminal Miscellaneous No. 34788 of 2019.
Learned counsel for the petitioner next submits that this is the second anticipatory bail application filed on behalf of the petitioner.
Patna High Court CR. MISC. No.59189 of 2022(6) dt.22-05-2023 2/3 The Court is not persuaded to enter into the merits of the case at this stage, as earlier the case of the petitioner was rejected on merit by a learned Co-ordinate Bench. Learned counsel for the petitioner, at this stage, submits that father of this petitioner, Pawan Kumar Jain, is also an accused in the present case. It is further submitted that the anticipatory bail application of Pawan Kumar Jain was also rejected like that of the petitioner vide order dated 16.07.2019 in Criminal Miscellaneous No. 5704 of 2020, thereafter, again Pawan Kumar Jain filed Criminal Miscellaneous No. 64266 of 2022 and the same was also rejected by an order dated 17.03.2023 against which Pawan Kumar Jain moved before the Hon'ble Supreme Court by filing Special Leave to appeal (Crl.) No. 5485 of 2023.
Learned counsel next submits that the Hon'ble Supreme Court was pleased to grant anticipatory bail to the petitioner with a direction to co-operate in the trial. Learned counsel next submits that the case of the petitioner is also on a similar footing like his father, Pawan Kumar Jain, and as such the petitioner's anticipatory bail application be considered on merits.
Since the learned Co-ordinate Bench by order dated
Patna High Court CR. MISC. No.59189 of 2022(6) dt.22-05-2023 3/3 23.01.2020 in Criminal Miscellaneous No. 34788 of 2019 has already rejected the anticipatory bail application on the ground which is being urged by the petitioner presently, as such the Court does not feel persuaded to again enter into the merits of the case.
Accordingly, the present anticipatory bail application stands rejected.
(Satyavrat Verma, J) Rishabh/- U T