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Mumbai court denies transit anticipatory bail to accused in West Bengal coal mining case

Editorial3 min read
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Mumbai court denies transit anticipatory bail to accused in West Bengal coal mining case

Court order

Editorial

Mumbai, Jul 8 (PTI) A special court here has denied transit anticipatory bail to Pintu Mondal, a government employee accused in a money laundering case linked to West Bengal coal mining case. Mondal had sought protection from arrest following summons issued by the Directorate of Enforcement (ED) in New Delhi in connection with the case. Special judge D D Kurulkar, hearing cases registered under the Prevention of Money Laundering Act (PMLA), in an order passed on July 6, held that Mondal failed to make out "exceptional and compelling circumstances that forced him to approach this extra territorial court for pre-arrest bail". "I find there was enough time with the applicant to approach the Court having jurisdiction for seeking the pre-arrest bail," the court said. Transit anticipatory bail is a temporary pre-arrest protection granted by a court in a state where the accused is located, allowing them to avoid immediate arrest by police from another state. It gives the accused definitive time to travel and file a regular anticipatory bail plea where the FIR was registered. Mondal, a 54-year-old resident of Andheri (West) in Mumbai, had approached the sessions court seeking an eight-week protection period to approach the competent court in New Delhi. Advocate Megha Gupta, representing Mondal, argued that he is not a flight risk, is ready to cooperate with the agency, and suffers from heart-related issues. The defence additionally cited that a co-accused in the alleged scheduled offence, Anup Majee, was already granted anticipatory bail by the Delhi High Court. Special public prosecutor Sunil Gonsalves, representing the ED, opposed the application on the grounds of jurisdiction and the suppression of facts. The prosecution submitted that Mondal had previously been summoned on May 5, 2022, and again on May 27, 2026, but had failed to appear, subsequently seeking time via email on June 5, 2026. The court, after hearing both sides, acknowledged that it has jurisdiction to entertain a transit anticipatory bail plea based on the applicant's residence It, however, ruled that Mondal has failed to meet the stringent legal requirements for extra-territorial relief. The court noted that extra-territorial anticipatory bail should only be granted in "exceptional and compelling circumstances," which Mondal failed to establish. Further, the court dismissed Mondal's health-related arguments, pointing out that the medical documents submitted from AIIMS pertained to the year 2024, and no recent medical reports detailing his current health condition were placed on record. The case is linked to alleged illegal coal excavation and pilferage amounting to Rs 2,700 crore. The ED registered a money laundering case in November 2020, following a CBI FIR alleging large-scale illegal excavation and pilferage of coal from leasehold areas of Eastern Coalfields Limited in alleged connivance with public officials and private persons. PTI AVI NP

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