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M. R. SHAH, C. T. RAVIKUMAR
Directorate of Enforcement – Appellant
Versus
Aditya Tripathi – Respondent
JUDGMENT :
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment(s) and order(s) passed by the High Court for the State of Telangana at Hyderabad in Criminal Petition Nos. 1146/2021 and 1147/2021, by which, the High Court has allowed the said bail applications and has directed to enlarge respective respondent No. 1 on bail in connection with the offences under the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the PML Act, 2002) investigated by the Enforcement Directorate, Hyderabad in F. No. ECIR/HYZO/36/2020 on the file of Metropolitan Sessions Judge, Hyderabad, the Directorate of Enforcement has preferred the present appeals.
2. That an FIR No. 12/2019 dated 10.04.2019 was registered by the Economic Offences Wing, Bhopal, naming about 20 persons/companies as accused for the offences punishable under Sections 120-B, 420, 468 and 471 of IPC, Section 66 of the Information Technology Act, 2000 and Section 7(c) read with Section 13(2) of the Prevention of Corruption Act, 1988. It was found in the preliminary enquiry that e- Tender Nos. 91,93, and 94 for total works amounting to Rs. 1769.00 crores of Madhya Pradesh Water Corporation were te
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.
The court emphasized the importance of cooperation with the investigation, the gravity of the offense, and the need to balance the fundamental right of personal liberty with the reasonable restrictio....
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....
Bail – Delay and long detention in custody cannot be a ground for grant of bail in cases of money laundering.
(1) Grant of bail – Consideration of two conditions mentioned in Section 45 is mandatory and while considering bail application, rigours of Section 45 have to be reckoned by court to uphold objective....
Economic offences like money laundering under the PMLA warrant severe scrutiny for bail, emphasizing the right to a speedy trial while recognizing the gravity of the allegations and prolonged detenti....
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.
Accused in money laundering must meet stringent bail conditions under Section 45 of the PMLA, reflecting the severity of the offense and impact on ongoing investigations.
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