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M. R. SHAH, C. T. RAVIKUMAR
Directorate of Enforcement – Appellant
Versus
M. Gopal Reddy – Respondent
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 02.03.2021 passed by the High Court of Telangana at Hyderabad in Criminal Petition No. 1148/2021, by which, the High Court has allowed the said bail application and has granted the anticipatory bail in favour of respondent No. 1 herein and has directed to release him on bail in the event of his arrest in connection with F. No. ECIR/HYZO/36/2020 dated 15.12.2020 on the file of the Assistant Director, Enforcement Directorate (hereinafter referred to as the ED), Government of India, Hyderabad, which was registered for the offence of money laundering under Section 3 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the Act, 2002) and punishable under Section 4 of the said Act, the Directorate of Enforcement has preferred the present appeal.
2. A FIR was registered by Economic Offences Wing (EOW), Bhopal vide FIR No. 12/2019 dated 10.04.2019 wherein 20 persons/companies were named as suspected in the said scam. M/s Max Mantena Micro JV, Hyderabad was one among them.
2.1 As per the FIR, the Government of Madhya Pradesh e-Procurement Portal was being run by MPSED
Anticipatory bail – Rigour of Section 45 of Prevention of Money Laundering Act, 2002 shall be applicable even with respect to application under Section 438 Cr.P.C. – In case of economic offences whic....
The provisions of S.45 of the PMLA do not apply to anticipatory bail proceedings, allowing for bail grants based on case-specific circumstances.
The court ruled that in economic offenses, particularly money laundering, anticipatory bail is rarely granted due to the grave nature of allegations and potential interference with investigations.
The gravity of economic offences, potential influence on witnesses and evidence, and the failure to satisfy the twin conditions for bail under Section 45 of the PMLA were central to the court's decis....
The mandatory conditions under Section 45 of PMLA for granting anticipatory bail were not satisfied, emphasizing economic offences' serious nature.
Grant of anticipatory bail to some extent interferes in the sphere of investigation of an offence and hence, the court must be circumspect while exercising such power for grant of anticipatory bail.
Anticipatory bail in economic offences requires careful consideration of the gravity of accusations, potential for absconding, and must be granted sparingly, especially under the Prevention of Money ....
Grant of bail – Merely because for predicated offences charge-sheet might have been filed it cannot be a ground to release accused on bail in connection with scheduled offences under PML Act, 2002.
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