IN THE HIGH COURT OF JUDICATURE AT PATNA
SONI SHRIVASTAVA
Parmanand Sinha @ Parmanand Singh S/o Jagdeo Prasad – Appellant
Versus
Union of India through Assistant Director, Directorate of Enforcement, Patna Zonal Office, Patna – Respondent
ORDER :
As both these cases arise out of the same ED (Directorate of Enforcement) case, vide case No. ECIR/PTZO/08/2023, with consent of the parties, they have been heard together for final disposal at this stage itself.
2. Heard learned counsel for the petitioners and learned APP for the State.
3. The petitioners seek bail in a case registered for the offences punishable under Sections 3 and 4 of the Prevention of Money Laundering Act (hereinafter referred as PMLA), 2002.
4. The case of the prosecution is based upon a written information given by Shri S.K. Tyagi, Executive Director, Railway Board, New Delhi. The C.B.I. conducted a preliminary enquiry, bearing no. PE 03/18, regarding allegations of large-scale irregularity committed in the filing, processing and decisions at Railway Claims Tribunal (R.C.T), Patna. Such preliminary investigation disclosed that in between 2015-2017, some unknown public servants of Railway conspired with the claimants’ advocates and their team and in pursuance of the said conspiracy, cheated the claimants as only a part of the decreed amount was given to the claimants while a major part thereof was siphoned off by the conspirators i.e., the accused person
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PMLA Section 45 twin conditions yield to Article 21 where prolonged pre-trial detention exceeds reasonable time without trial progress, converting detention to punishment; bail granted as rule when e....
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.
Bail – Delay and long detention in custody cannot be a ground for grant of bail in cases of money laundering.
The right to a speedy trial is fundamental under Article 21, and prolonged incarceration without trial infringes on this right, warranting bail despite serious allegations.
PMLA Section 45 twin conditions relaxable by constitutional courts where voluminous evidence delays trial unreasonably, prolonged custody violates Article 21 speedy trial right, ensuring bail despite....
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....
Prolonged incarceration before trial infringes on the right to speedy trial, necessitating bail under the Prevention of Money Laundering Act if trial delays are significant.
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