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UJJAL BHUYAN, K. VINOD CHANDRAN
Sant Kumar Sinha – Appellant
Versus
Union of India – Respondent
Headnote: Read headnote
ORDER :
SLP(Crl) Nos. 15177-15178/2024
1. Heard learned counsel for the petitioner and Shri Zoheb Hussain, learned standing counsel for the respondent(s)/Enforcement Directorate.
2. These Special Leave Petitions are directed against the orders dated 21.06.2023 and 23.08.2024 passed by the Patna High Court rejecting the bail application of the petitioner.
3. Be it stated that petitioner has been named as an accused in a number of cases involving predicate offence. On that basis, Enforcement Directorate (ED) commenced investigation under the Prevention of Money Laundering Act, 2002 (for short, `PMLA’) whereafter the Enforcement Case Information Report (ECIR) came to be filed. Finally, prosecution complaint was filed by the ED on which cognizance has
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.
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.
Prolonged incarceration can lead to bail grant in economic offence cases even under stringent PMLA provisions if no feasible trial timeframe exists.
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.
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....
It is well settled that gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
Bail – Delay and long detention in custody cannot be a ground for grant of bail in cases of money laundering.
The main legal point established in the judgment is the discretion to grant bail to women accused under the first proviso to Section 45 of the Prevention of Money-Laundering Act, 2002.
The court established that the proviso to Section 45(1) of the PMLA provides discretion to grant bail to women accused, allowing for a more lenient approach in considering bail applications based on ....
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