The Punjab and Haryana High Court granted bail to Member of Legislative Assembly (MLA) Kushaldeep Singh Dhillon, the petitioner in the disproportionate assets charge in the Prevention of Money Laundering Act,2002 (PMLA) offence.
It was alleged in the FIR that the petitioner earned Rs.3,07,17,600.78 from his declared sources and on the beginning date of check period and that during the check period the petitioner had spent an amount of Rs.10,39,18,228.71 and since on the last date of check period, an amount of Rs.32,97,386.27 was the balance in his account, thus, after adding the said amount to the expenditure incurred, it was found that total expenditure that the petitioner had spent Rs.7,53,17,887.02/- more than his known sources of income which comes to 245.19% of the amount of Rs.3,07,17,600.78 which was the income received from his declared sources.
The senior counsel for the petitioner had, on the basis of documents annexed along with the present petition/miscellaneous applications, handed over a detailed note, which includes the details of the income which as per the petitioner has not been taken into consideration by the investigating agency before calculating the total income from known sources of the petitioner and his wife.
The contrary argument of the State is to the effect that the said Gursewak and Rajwinder Singh are tenants of the mother of the petitioner and are known to the petitioner and the rentals paid by them to the mother have been regularly increasing and there are other circumstances which would also indicate that it is the petitioner who is the beneficiary of the said sales.
A Single Judge Bench of Justice observed that “The present case is also based on documentary evidence and the said documents have already been submitted to the prosecution and the investigation qua the petitioner is complete and challan and supplementary challan qua the petitioner have been presented and thus, no purpose would be served in keeping the petitioner in further incarceration, rather refusal to grant bail would amount to restricting the personal liberty of the petitioner.”
“Keeping in view the above said facts and circumstances, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail / surety bonds to the satisfaction of the concerned trial Court/ Duty Magistrate and subject to him not being required in any other case and subject to the condition that the petitioner would surrender his passport before the trial Court” the Court concluded.
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