Back
TIRTHANKAR GHOSH
Enforcement Directorate – Appellant
Versus
Shri Debabrata Halder – Respondent
JUDGMENT :
(Tirthankar Ghosh, J.) :
1. The petitioner has challenged the order dated 12.04.2022 passed by the learned Judge, Special (CBI) Court No.1, Bichar Bhawan, Calcutta and Special Court under the Prevention of Money Laundering Act, 2002 in M.L. Case No. 11 of 2021, arising out of ECIR No.KLZO/03/2018 dated 14.03.2018, thereby praying for cancellation of bail of the opposite party namely, Debabrata Halder.
2. The genesis of the case relate to ECIR No. KLZO/03/2018 dated 14.03.2018 for alleged offence under the provisions of Prevention of Money Laundering Act, 2002 (hereinafter referred to as ‘PMLA, 2002’). The substance of the accusations in brief are as follows:
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....
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....
The court emphasized that in economic offences, especially under the PMLA, bail should not be granted unless the accused demonstrates they are not guilty and unlikely to commit further offences.
Bail – Delay and long detention in custody cannot be a ground for grant of bail in cases of money laundering.
The conditions for granting bail under the Prevention of Money Laundering Act are mandatory, requiring the court to be satisfied of the accused's non-guilt and lack of likelihood to commit further of....
(1) Economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be viewed seriously and considered as grave offences affecting economy of country as a whole and ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
