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ARVIND KUMAR VERMA
Trilok Singh Dhillon S/o Lt. Surta Singh Dhillon – Appellant
Versus
State Of Chhattisgarh Through The Investigating Officer, Economic Offences Wing/ Anti-Corruption Bureau – Respondent
ORDER :
Arvind Kumar Verma, J.
This is the first bail application under Section 439 of the Cr.P.C. for grant of regular bail filed by the applicant as he has been arrested in connection with FIR No.04/2024 dated 17.01.2024 (arrested on 25.04.2024) registered by the EOW/ACB, Chhatisgarh for commission of offences punishable under Sections 420,467, 471 & 120(B) of the IPC and Sections 7 and 12 of the Prevention of Corruption Act.
2.Brief facts of the case are as under:
(ii) ECIR/RPZO/11/2022 (“ECIR 11”) was registered by ED in Prevention of Money Laundering Act (PMLA Act) on 18.11.2022 on the basis of Section 120-B in the aforesaid IT complaint. The applicant was arrested on 11.05.2023 and the prosecution complaint was filed on 04.07.2023 against seven accused persons including the applicant.
(iii) The ED had sent a letter dated 11.07.2023 under Section 66(2) of the PMLA to the ACB, Chhattisgarh disclosing that the investigati
Bail is the rule and jail is the exception; economic offences necessitate careful consideration due to their serious implications on public interest and the economy.
The court emphasized that bail is not a right in cases involving serious economic offences, particularly where substantial evidence of corruption exists.
The court emphasized that bail is the exception, not the rule, particularly in serious economic offences, where the risk of tampering with evidence and flight is significant.
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.
The court emphasized that bail under the PMLA requires satisfaction of twin conditions regarding the accused's guilt and likelihood of committing further offences, which were not met in this case.
In economic offences, bail is not a right; the burden rests on the applicant to show no risk of interference with justice or likelihood of guilt, reinforced by the position of the accused.
Bail is the rule and jail is the exception, especially in serious economic offences under the Prevention of Money Laundering Act, where the gravity of charges necessitates stringent scrutiny.
The court held that the applicant failed to satisfy the twin conditions for bail under Section 45 of the PMLA, 2002, due to the serious nature of the allegations and the evidence presented.
The main legal point established in the judgment is that bail is the general rule and its refusal is an exception, and that deprivation of personal liberty must be considered a form of punishment. Th....
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