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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
ARVIND KUMAR VERMA
Kawasi Lakhma, S/o. Lt. Mr. Hadma Lakhma – Appellant
Versus
Directorate Of Enforcement GOI Raipur Zonal Office, Raipur, Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. factual background of the bail application (Para 2 , 3 , 4) |
| 2. arguments presented by the applicant's counsel (Para 5 , 6 , 7 , 8 , 9) |
| 3. ratio decidendi regarding economic offences (Para 22 , 24 , 34) |
| 4. court's observations on gravity of the case (Para 38 , 39 , 40 , 41) |
| 5. conclusion: bail application rejected (Para 48) |
Order :
Arvind Kumar Verma, J.
1.The applicant has preferred the instant bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023 ('BNSS' for short) seeking grant of bail in connection with ECIR 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. The present bail applicant is the first application being preferred by the applicant seeking his release on bail and no other application of similar nature is either pending adjudication before this Court or any subordinate court. Previous, the applicant had invoked the jurisdiction of the Special Court (PMLA) Raipur by filing application under Section 483 of the BNSS, 2023 and Sections 45 and 65 of the Prevention of Money Laundering Act, 2002. The said a
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.
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.
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, especially in serious economic offences under the Prevention of Money Laundering Act, where the gravity of charges necessitates stringent scrutiny.
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.
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