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K. SREENIVASA REDDY
Suresh Goyal – Appellant
Versus
Directorate of Enforcement – Respondent
ORDER
This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short, ‘CrPC’), is filed seeking to enlarge the petitioner/A.4 on bail in case information report in F.No.ECIR/HYZO/03/2022 of Directorate of Enforcement, Hyderabad Zonal Office.
2. A case in crime No.29 of 2021of C.I.D. p.s., A.P., Amarvathi, Mangalagiri has been registered for the offences punishable under Sections 166, 167, 418, 420, 465, 468, 471, 409, 201, 109 read with 120B of the Indian Penal Code, 1860 (for short, ‘IPC’) and 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act, 1988. based on a report lodged by the Chairman of Andhra Pradesh State Skill Development Corporation, Andhra Pradesh (for short, ‘APSSDC’). The petitioner herein is arrayed as A.20 in the said crime. The aforesaid FIR has been registered against one Ghanta Subba Rao, the then Special Secretary of Government, Skill Development, Entrepreneurship and Innovation Department, M/s. Siemens Industry Software India Private Limited (SISW), M/s. Design Tech System Private Limited (DTSPL) and others for allegedly swindling of money invested by the Government in a dubious manner. According to the sa
Order granting bail must demonstrate application of mind as to why applicant has been granted or denied privilege of bail.
The main legal point established in the judgment is the application of bail provisions under PMLA and the conditions for granting bail in money laundering cases.
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 central legal point established in the judgment is the necessity of the existence of proceeds of crime for the commission of an offence of money laundering under the Prevention of Money Launderin....
Bail should not be denied as a form of punishment; however, in cases of money laundering, serious allegations and potential interference with investigations warrant careful consideration against bail....
The conditions for granting bail under the Prevention of Money Laundering Act are mandatory, requiring the court to be satisfied of the accused's non-guilt and lack of likelihood to commit further of....
The gravity of the alleged offences, the petitioner's non-cooperation, and the potential flight risk outweighed any entitlement to bail.
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