Back
UDAY UMESH LALIT, S. RAVINDRA BHAT
Ramchand Karunakaran – Appellant
Versus
Directorate of Enforcement – Respondent
ORDER
1. Leave granted.
2. This appeal challenges the Judgment and Order dated 29.10.2020 passed by the High Court of Judicature at Bombay in Bail Application No.361 of 2020.
3. The appellant, Original Accused No. vi in P.M.L.A. Special Case No.6 of 2019 on the file of City Civil Court and Additional Sessions Judge, is accused of having committed offences punishable under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (for short, the PML Act). The scheduled or predicate offence in the instant case pertain to (a) offences under Section 120-B read with Sections 409, 467, 468 and 471 of the Indian Penal Code in terms of F.I.R. No.253 of 2018 dated 06.12.2018 registered with Economic Offences Wing, New Delhi; and (b) offences under Section 447 of the Companies Act, 2013, read with Section 120B and Section 420 of the Indian Penal Code in relation to Criminal Complaint No.20 of 2019 dated 30.05.2019 filed by the Serious Fraud Investigation office, Mumbai.
4. It appears that on the ground that the sanction issued in the said predicate offences suffered from non-application of mind, the order issuing sanction was quashed by the High Court. The said order is presently under
The court considered the duration of custody, the status of other accused, and the appellant's senior citizen status in granting bail.
The central legal point established in the judgment is that the mandate of Section 45 of the Prevention of Money Laundering Act must be considered when dealing with a prayer for anticipatory bail in ....
Prolonged pre-trial detention without charge framing is a significant factor for granting bail under the Prevention of Money Laundering Act, prioritizing liberty in cases of extended custody.
After cognizance of an offence under PMLA is taken, the Enforcement Directorate cannot arrest the accused, impacting the applicability of bail conditions stipulated in Section 45.
Prolonged incarceration can lead to bail grant in economic offence cases even under stringent PMLA provisions if no feasible trial timeframe exists.
The court's decision highlighted the lack of objective satisfaction about the petitioner's guilt, the divergent views expressed by the High Courts and the Supreme Court, and the personal liberty of t....
The provisions of S.45 of the PMLA are mandatory for bail considerations, overriding general provisions of the Code of Criminal Procedure.
Personal liberty must be preserved; serious medical conditions warranting special care can justify bail under the PMLA's proviso to Section 45(1).
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
