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CHANDRA SHEKHAR JHA
Chandrama Prasad Singh @ Chandrama Prasad @ Tuntun Singh – Appellant
Versus
State of Bihar – Respondent
ORDER (CAV)
Heard Mr. Ramakant Sharma, learned senior counsel for the petitioner and Dr. Krishna Nandan Singh, Assistant Solicitor General of India for Directorate of Enforcement, Patna, Bihar.
2. The petitioner seeks bail in connection with Special (Trial) PMLA Case No.7 of 2022 arising out of ECIR No.PTZO/05/2014 in which cognizance has been taken for the offences punishable under Sections 3, 4, 44 and 45 of the Prevention of Money Laundering Act, 2002 (for short ‘the Act’).
3. Brief facts of the prosecution case as it springs from the complaint filed under Sections 44 and 45 of the Act (as amended from time to time) that petitioner appears accused in eight criminal cases, which are:- (i) Gopalpur P.S. Case No.95 of 2007 registered under Sections 302 read with 34 of the Indian Penal Code (for short ‘IPC’) and section 27 of the Arms Act, (ii) Ramkrishna Nagar P.S. Case No.68 of 2012 registered under Sections 147, 148, 149, 385, 354, 323, 379, 307, 504, 506 of the IPC, (iii) Ramkrishna Nagar P.S. Case No.10 of 2012 registered under Sections 341, 323, 379, 504, 506 read with 34 of the IPC (iv) Ramkrishna Nagar P.S. Case No.24 of 2012 registered for the offences under Sections 341,
Bail petition – Economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be viewed seriously.
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 court established that for a property to be classified as 'proceeds of crime' under the PMLA, it must be directly linked to a scheduled offense, and mere possession does not suffice to establish ....
The court emphasized that mere familial connections do not establish complicity in money laundering; direct involvement in proceeds of crime must be proven.
The main legal point established in the judgment is the application of broad probabilities and prima facie determination in granting bail under PMLA, without converting the bail stage into a mini tri....
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