TMC’s Saket Gokhale granted bail in PMLA case after ED chargesheet
Opposing the bail plea, ED submitted that the net receipt in Gokhale’s bank accounts is far in excess of his income declared in his Income Tax (IT) returns.
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Gokhale, who has been in jail since December 2022, now stands clear for release from judicial custody after the Supreme Court last month granted him bail in relation to another FIR lodged at Ahmedabad’s cyber crime police station. (Express Photo) A special court Saturday granted bail to All India Trinamool Congress (AITC) spokesperson Saket Gokhale in an Enforcement Directorate (ED) case for alleged misappropriation of funds collected through crowdfunding. The Prevention of Money Laundering Act (PMLA) court, however, warned Gokhale against repeating or indulging in similar activities of crowdfunding using social media or any other way.
Gokhale, who has been in jail since December 2022, now stands clear for release from judicial custody after the Supreme Court last month granted him bail in relation to another FIR lodged at Ahmedabad’s cyber crime police station.
Special designated judge DM Vyas took into consideration factors such as Gokhale’s health condition, the Supreme Court’s grant of bail in April in another offence, and the completion of the investigation with statutory right of further probe by the investigating agency to grant the bail. The same court had rejected an earlier bail application by Gokhale. The court had observed then that a “prima-facie case is made out” against him under the alleged scheduled offences of cheating, forgery and criminal conspiracy.
However, the ED has now concluded its investigation in the PMLA case and filed a complaint (equivalent to chargesheet) under sections 44 and 45 of PMLA, 2002 for trial against Gokhale. The case was registered before the special PMLA court on March 24.
After the ED filed the complaint, Gokhale moved the special PMLA court with a second bail application. Arguing for bail, Gokhale submitted before the court that since the investigation has been completed, there should be no apprehension of tampering with any documents, influencing witnesses or absconding from trial. The offence of cheating, as has been alleged, is also not made out against him and he had fairly disclosed during his crowdfunding that the money was needed for self-sustenance while pursuing a social cause and hence, the amount received by him cannot be termed as proceeds of crime, he added.
Gokhale, represented by advocate Anand Yagnik, also submitted before the court that he suffered from various ailments. His heart functioning is at 30 per cent, which needs to be monitored closely, and is the sole person to look after his aged mother and younger sister, Gokhale submitted.
Opposing the bail plea, ED submitted that the net receipt in Gokhale’s bank accounts is far in excess of his income declared in his Income Tax (IT) returns.
From the analysis of his bank accounts, it is apparent that there is no significant credit entry in his bank account other than crowdfunding, cash, loan and small income earned from other sources such as publishing of articles, etc. It was also submitted that Gokhale collected Rs 1.06 crore through crowdfunding for various declared purposes but diverted the funds and spent for personal purposes.
Gokhale had countered that Rs 23.54 lakh cash deposited in his account was not related to the donation receipts from online campaign and was received beyond the period of offence described. He also submitted that ED intentionally included the said amount in the crowdfunding so as to compute the total alleged misappropriated amount to be more than Rs 1 crore so that Gokhale does not get the benefit of Section 45 of the PMLA.
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