Manish Sisodia Vs ED - direct evidence in such conspiracy is possible only in rare cases

IN THE HIGH COURT OF DELHI AT NEW DELHI
RESERVED ON - 02.06.2023
% PRONOUNCED ON - 03.07. 2023
+ BAIL APPLN. 1478/2023
MANISH SISODIA ..... Petitioner
Through: Mr. Mohit Mathur, Sr. Adv. &
Mr.Dayan Krishnan, Sr. Adv. with
Mr.Vivek Jain, Mr. Mohd.
Irshad, Mr. Mohit Siwach, Mr. Karan
Sharma, Mr.Rishikesh Kumar, Mr.
Aditya Raj, Mr.Harsh Gautam,
Mr.Abhinav Jain, Mr.Rajat Jain,
Mr.Mayank Sharma and Mr.Rishabh
Sharma, Advocates.
versus
DIRECTORATE OF ENFORCEMENT ..... Respondent
Through: Mr. S. V. Raju, ASG with Mr. Zoheb
Hossain, Special counsel for ED and
Mr. Vivek Gumani, Mr. Ankit Bhatia,
Mr. Bhaibhav, Mr.Harsh Paul Singh
and Mr. Kartik Sabarwal, Advs.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA63. In regard to the scheduled offences are concerned learned trial court
inter alia held that the scheduled offences case of CBI was registered
for the offence U/S 120B r/w 477A IPC and Section 7 of the PC Act
and substantive offences thereof and chargesheets in the said case have
been filed for offences u/S 120-B r/w 201 & 420 IPC and Sections 7,
7A, 8 and 12 of the PC Act and also the substantive offences thereof.
The above offences under the PC Act are the scheduled offences under
the PMLA and even the offence of criminal conspiracy made
punishable by Section 120B IPC is found independently included in
schedule of the PMLA and is, thus, a scheduled offence.
64. Learned Special Judge rejected the contention of learned counsel for
applicant that there is no direct or satisfactory evidence on record to
show the existence of any such criminal conspiracy or involvement of
the accused therein. Learned Special Judge observed that direct
BAIL APPLN. 1478/2023 Page 51 of 56
evidence in such conspiracy is possible only in rare cases because of
the fact that such conspiracies are hatched behind closed doors.
Therefore, evidence in such cases can only be inferred from the facts
and circumstances of that particular case.