Vipin Sanghi JUDGMENT
Vipin Sanghi, J.
1. The petitioner herein, Anand Chauhan has preferred the present bail application seeking regular bail under section 439 of the Code of Criminal Procedure (Cr.P.C) read with Section 45 of The Prevention of Money Laundering Act, 2002 (PMLA) in RC No. ECIR/HQ/02/HIU/2015.
2. Case of the prosecution is that on the basis of one preliminary enquiry registered on 17.06.2015, CBI registered FIR No. RC AC 1 2015 A-0004 under Sections 13(2) r/w 13(1) (e) of the Prevention of Corruption Act, 1988 and Section 109 IPC against Sh. Virbhadra Singh, Smt. Pratibha Singh, Sh Chunni Lal Chuhan, Sh. Anand Chauhan - the present petitioner, and other unknown persons. The FIR/RC alleges that Shri Virbhadra Singh while serving as Union Minister, Govt of India during the check period from 28.05.2009 to 26.06.2012, invested huge amounts of money in purchasing LIC policies in his own name and in the name of his family members through the present petitioner, who was then an LIC agent. As per prosecution this was done by Shri Virbhadra Singh by claiming to enter into a Memorandum of Understanding (MoU) dated 15.06.2008 with Shri Anand Chauhan for management of his apple orchard called Srikhand Orchard situated at Village Damrali, Rampur Bushar, Distt. Shimla, Himachal Pradesh. In the terms of the said MoU, the petitioner claimed to have sold the apple produce of Srikhand Orchard to one Shri Chunni Lal Chauhan of M/s. Universal Apple Associates (UAA), Parwanoo and on that pretext he deposited huge amounts in cash in his bank accounts during the check period, which were used for purchasing LIC policies for Sh. Virbhadra Singh & his family members. It was further alleged that the petitioner, in connivance with Shri Chunni Lal Chauhan, brought the unaccounted money of Shri Virbhadra Singh back into regular books of accounts by utilising the same for buying assets in the name of Shri Virbhadra Singh and his family members. On the basis of the facts collected during investigation, the CBI claimed that the sale of apples was a sham.
3. On the basis of FIR No. RC AC 1 2015 A 004, respondent registered the case vide ECIR HQ No. ECIR/HQ/02/HIU 2015 dated 27.10.2015 against Shri Virbhadra Singh, the petitioner herein and others under Sections 3 and 4 of the PMLA.
4. The ECIR dated 27.10.2015 recites that Section 13 of PC Act is a Scheduled offence under paragraph 8 of Part A of the Schedule of PMLA(as amended), and that the allegations contained in the FIR/RC dated 23.09.2015 show that the accused (including the petitioner herein) have committed the offence under section 3 PMLA, which is punishable under section 4 of the said Act.
5. The Petitioner was summoned by the respondent on 23.11.2015 and 17.03.2016 for the recording of statement under section 50(2) and (3) of the PMLA, 2002 which were duly recorded. He was further called on 08.07.2016 at Chandigarh Zonal Office for recording his statement and thereafter he was arrested vide arrest order dated 08.07.2016 under section