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UJJAL BHUYAN, K. VINOD CHANDRAN
Sant Kumar Sinha – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petition details and background. (Para 1 , 2) |
| 2. petitioner’s status and ongoing investigation. (Para 3) |
| 3. charges are not yet framed. (Para 4) |
| 4. bail granted based on incarceration duration. (Para 5) |
| 5. disposal of the special leave petitions. (Para 6 , 7) |
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 been taken by the Special Court. In this case, petitioner is in custody in connection with the predicate offence since 29.10.2021.
4. On a query by the Court, learned counse
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 considered the duration of custody, the status of other accused, and the appellant's senior citizen status in granting bail.
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.
The court emphasized the right to a speedy trial and liberty, allowing bail under the Prevention of Money Laundering Act after 15 months of custody, citing no likelihood of trial commencement.
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....
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