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JASMEET SINGH
Raman Bhuraria – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT
Jasmeet Singh, J.
BAIL APPLN. 4330/2021
1. The present application is filed under Section 439 IPC read with Section 482 CrPC seeking bail in ECIR/12/DLZO-I/2021 dated 30.01.2021.
2. The applicant was arrested on the night of 12/13.08.2021 at 00:45 hrs. in the abovementioned ECIR, and thereafter remanded to Police Custody (PC) of the Enforcement Directorate (ED) for a period of 14 days until 25.08.2021.
3. Thereafter, the applicant has been remanded to Judicial Custody (JC) from time to time and continues to remain incarcerated in Judicial Custody in Tihar Jail, Delhi.
4. The applicant had previously preferred two regular bail applications before the learned Trial Court and both have been rejected vide orders dated 05.10.2021 and 01.11.2021 respectively.
5. The brief facts giving rise to filing of the present bail application are as under:
6. On 31.12.2020, the CBI registered a FIR bearing No. RC0742020E0014 against M/s Shakti Bhog Foods Ltd. (hereinafter called as SBFL) and Mr. Kewal Krishan Kumar, Director/Promoter of M/s SBFL under Section 120B read with Section 420/467/468/471 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafte
Bail – Retracted statements cannot form basis of guilt of applicant – Continuing pre-trial incarceration will amount to deprivation of personal liberty as well as travesty of justice.
The main legal point established in the judgment is the requirement of reasonable grounds for believing the accused is not guilty of the offense of money laundering under PMLA 2002, and the court's r....
The court denied bail due to substantial evidence indicating the petitioner's involvement in serious economic offences, emphasizing the gravity of the allegations and the need for accountability.
(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 emphasized that for bail under PMLA, satisfaction of twin conditions is mandatory, confirming the need for reasonable grounds against guilt and potential for re-offense. Balancing the sever....
The court granted bail under the PMLA, emphasizing the lack of sufficient evidence linking the applicant to money laundering, and highlighting the necessity for a predicate offence to substantiate ch....
Anticipatory bail may be granted under PMLA, considering the health challenges of the accused and lack of direct proceeds of crime linked to them.
The main legal point established in the judgment is that the twin conditions under Section 45 of PMLA must be satisfied before granting bail in a money laundering case, and the accused's involvement ....
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.
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