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PRABHAT KUMAR SINGH
Rajesh Kumar – Appellant
Versus
Union of India through the Directorate of Enforcement, Patna Bihar – Respondent
Prabhat Kumar Singh, J. – This is an application for grant of anticipatory bail to the petitioner in connection with Special Trial No. (PMLA) 01 of 2017, arising out of ECIR No. PTZO/02/2014 dated 07.01.2014, instituted for offences punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (for short “PMLA”).
2. Short fact of the case is that on Shri Sadhu Saran Gupta (father of the petitioner) by committing offences as scheduled under PMLA has acquired property worth Rs.1,58,88,846/- in his name, in the name of his wife Smt. Shanti Devi and his son Shri Rajesh Kumar (petitioner), from the illgotten money. The investigations have revealed that Rajesh Kumar (petitioner) has been directly involved in a process/activity connected with proceeds of crime as he has knowingly assisted Sadhu Saran Gupta and became a party to transactions connected with proceeds of crime by holding part of the proceeds of crime in his own and hence, committed the offence of money laundering, as defined under section 3 of the PMLA, punishable under section 4 of the PMLA 2002.
3. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further subm
Once cognizance is taken under the PMLA, the Special Court lacks jurisdiction to arrest the accused, and bail matters must align with the Criminal Procedure Code provisions.
The gravity of economic offences, potential influence on witnesses and evidence, and the failure to satisfy the twin conditions for bail under Section 45 of the PMLA were central to the court's decis....
An individual can be prosecuted under the PMLA, even if not directly involved in the scheduled offence, and the gravity of economic offences needs to be considered in the matter of bail. The court al....
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 established that Section 45 of PMLA 2002 applies to the grant of anticipatory bail, with a proviso for leniency towards women, and that the nature of property attachment proceedings does no....
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