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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
| Table of Content |
|---|
| 1. pmla case originates from cbi rct fraud investigation (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioners claim minimal role, cooperation, prolonged trial justifies bail (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. ed alleges conspiracy siphoning; pmla section 45 twin conditions mandatory (Para 14 , 15) |
| 4. prolonged detention under pmla violates article 21; bail is rule (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 5. bail granted subject to conditions and sureties (Para 27 , 28 , 29) |
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 allega
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....
PMLA Section 45 twin conditions relaxable by constitutional courts for bail if prolonged custody (over 2 years) and unlikely timely trial violate Article 21, absent accused delay, with voluminous doc....
In PMLA cases, constitutional courts grant bail despite Section 45 twin conditions if prolonged incarceration (over two years), trial delay not attributable to accused, and no reasonable trial conclu....
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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