Non-violent Nature of Offence under PMLA: Punjab and Haryana HC Grants Bail to Rajiv Rattan Dhingra Arrested in Nature Heights Infra Scam [Read Order]

The Punjab and Haryana High Court granted bail to Rajiv Rattan Dhingra arrested in Nature Heights Infra Scam taking into consideration the non-violent nature of offence under the Prevention of Money Laundering Act, 2002 (PMLA).

As per prosecution version, many immovable properties were purchased by Neeraj Thatai which were later on subject of benami proceedings before the Income Tax Department and notice under PMLA Act was issued to the petitioner for 01.02.2021 after filing of complaint. Due to non-appearance in the Court, non-bailable warrants were issued against the petitioner and he was subsequently, arrested by the Police on 04.03.2021.

The counsel for petitioner submits that petitioner has been falsely implicated in this case. Petitioner is running a printing press in Krishna Nagar at Abohar. Petitioner had undertaken printing work of M/s Natureway and M/s Nature Heights Group of companies. Petitioner is neither Director nor shareholder or employee of any of the aforesaid companies. He has nothing to do with the alleged offence.

A Single Bench of the High Court comprising observed that “the primary purpose of bail is to ensure the accused person’s appearance in Court for their trial. By providing bail, the Court seeks to guarantee that the person will attend all necessary Court proceedings and not flee or become a flight risk. In the instant case, there is no likelihood that petitioner might flee or not appear in Court if released on bail. It is stated that petitioner is 54-year old and is running a printing press. He is also suffering from heart problems. He is stated to be a sole-bread winner of the family and his two children are still dependent on him.”

“That apart, the alleged crime purportedly committed by the petitioner is non-violent in nature. In case, he is released on bail, there is no likely threat to the society. Since challan has been filed and trial has commenced, petitioner is not required for any custodial interrogation” the Court said.

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