Criminal Procedure Code, 1973
Section 439 read with Section 45 of the Prevention of Money Laundering Act—Regular bail—Application for—Allegations against applicant are essentially are in the nature of facilitating the offence of illegal cattle smuggling by providing authoritative support consequent clout that he exercised on account of his being in the police and being connected with an influential Political leader, the co-accused—He helped in procuring stray cattle from various markets, collecting cash on behalf of the co-accused and laundering the PoC—Applicant is an accused in the predicate offence as well, though admitted to bail in the said offence by the High Court—Though the investigations qua petitioner are complete and the supplementary complaint has been filed in the court, but the trial has not been proceeding since last two years—Looking at his antecedent, he is not a flight risk, and he has deep roots in the society, having been in the employment of the Govt.—Evidence being essentially documentary, is not likely to be tampered or the witnesses influenced—Applicant is in judicial custody for over two years—Documents involved in the present case are voluminous and the trial may take a long time to get concluded as observed by the Apex Court, while granting bail to the co-accused—Applicant admitted to bail.
[Paras 46 to 50]
Decision : Application allowed