Back
HIGH COURT OF CHHATTISGARH
ARVIND KUMAR VERMA
Trilok Singh Dhillon S/o Lt. Mr. Surta Singh Dhillon – Appellant
Versus
Directorate Of Enforcement GOI – Respondent
Order :
(Arvind Kumar Verma, J.)
The applicant is seeking release on regular bail under section 483 of the Bhartiya Nagrik Surksha Sanhita, 2023 read with Section 45 of the PMLA 2002 in connection with ECIR No. RPZO/04/2024 dated 11.04.2024 registered by the Directorate of Enforcement, Raipur, Zonal Office (ED), for the offences under Sections 03 and 04 of the PMLA, 2002.
FACTUAL ASPECTS
2. Chhattisgarh State Police had registered FIR bearing No. 04/2024 dated 17.01.2024 at EOW/ACB, Raipur under Section 420,467,471 and 120-B IPC and Sections 7 & 12 of the Prevention of Corruption Act,1988 against the accused persons for illegally collecting commissions and supplying unaccounted liquor to the government liquor shops causing loss of Rs. 2161 crores to the State Government.
3. The FIR for the predicate offence as mentioned above is registered by the ACB/EOW, Raipur, Chhattisgarh under Sections 120- B, 420, 467 and 47 IPC and Sections 7 & 12 of the PC Act, which are schedule offences in para 1 & 8 of the Part A of Schedule to PMLA,2002 as defined under Section 2(1)(y) of the Act. The inquiries were initiated under PMLA against the suspected persons after recording the brief facts of schedul
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.
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.
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.
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.
(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 ....
The court held that the seriousness of economic offences under the PMLA necessitates stringent bail conditions, emphasizing that prolonged incarceration does not automatically warrant bail if substan....
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....
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
