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SUVRA GHOSH
Sujay Krishna Bhadra – Appellant
Versus
Enforcement Directorate Kolkata Zonal Office-II – Respondent
JUDGMENT
Suvra Ghosh, J.—Initially the petitioner sought bail on the limited ground of his medical condition. In course of hearing of the application, he chose to file a supplementary affidavit seeking his release on bail on merits.
2. Argument canvassed by learned counsel for the petitioner is as hereunder:-
3. The Hon’ble High Court, vide order dated 8th June, 2022 in W.P.A. no. 9979 of 2022, directed Central Bureau of Investigation (in short the CBI) to register FIR and investigate the alleged illegalities in the selection process for assistant teachers in primary schools. The petitioner was not named either in the FIR, or in the charge sheet and supplementary charge sheet submitted by the CBI in the said matter, despite investigation being continued for more than two years. Therefore the petitioner had no role in respect of the predicate offence. On the basis of the predicate offence, the Enforcement Directorate (hereinafter referred to as the E.D.) registered ECIR no. KLZO/19/2022 dated 24th June, 2022 under The Prevention of Money Laundering Act, 2002 (henceforth referred to as the PMLA). The petitioner was not named in the prosecution complaint filed by the E.D. on 19th Septe
(1) Money Laundering – Right to life and personal liberty enshrined under Article 21 of Constitution is overarching and sacrosanct – Constitutional Court cannot be restrained from granting bail to ac....
Bail is to be denied in economic offenses when serious, substantiated evidence of money laundering exists, per provisions of the Prevention of Money Laundering Act.
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....
Bail – Delay and long detention in custody cannot be a ground for grant of bail in cases of money laundering.
The court considered the satisfaction of the twin conditions under Section 45 of PMLA and the triple test under Section 439 of Cr.PC, as well as the larger interest of the public and the State, and t....
Bail is a rule, but denial is justified when serious allegations and criminal history indicate a likelihood of re-offending and tampering with evidence.
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 held that the petitioner is entitled to bail under Section 45 of the Prevention of Money Laundering Act, 2002 as there were no reasonable grounds for believing that she had committed an off....
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