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ANUP JAIRAM BHAMBHANI
Ramesh Manglani – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT
Anup Jairam Bhambhani, J.
Introduction
1. By way of the present petition under section 439 of the Code of Criminal Procedure, 1973 (`Cr.P.C.. for short) read with section 45 of the Prevention of Money Laundering Act, 2002 (`PMLA' for short), the petitioner seeks regular bail in proceedings arising from ECIR No. DLZO-II/35/2020/721 dated 24.09.2020 registered by the Enforcement Directorate (`ED. for short) under Sections 3 and 4 of the PMLA.
2. The matter arises from FIR No. 1/2020 dated 01.01.2020 registered at P.S. Economic Offences Wing (`EOW' for short), in respect of the predicate offences alleged under sections 409, 467, 468, 471, 477A and 120B of the Indian Penal Code, 1860 (`IPC' for short). The FIR was registered on the complaint of one Mr. Vinod Rajagopalan in his capacity as the Authorised Signatory of M/s. Malav Holdings Private Limited (`MHL' for short), alleging that the accused persons had siphoned-off an amount of Rs.18.88 crores from one M/s. Ligare Aviation Limited (`Ligare Aviation' for short) in 2014-15 on the basis of fake/fictitious invoices.
3. The complainant company is stated to be aggrieved since it is an indirect shareholder in Ligare Aviation, i
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....
Bail – Right of personal liberty and individual freedom which is probably the most cherished, is not in any manner, arbitrarily to be taken away from anybody even temporarily without following proced....
The central legal point established in the judgment is the necessity of the existence of proceeds of crime for the commission of an offence of money laundering under the Prevention of Money Launderin....
The court considered the satisfaction of the twin conditions under Section 45 of PMLA and the triple test under Section 439 of Cr.PC, as well as the larger interest of the public and the State, and t....
The court established that the burden of proof lies with the prosecution to demonstrate reasonable grounds for believing an accused is guilty under the PMLA, and that mere allegations without substan....
Point of Law : Economic offences - Grant of Bail - On medical ground - When there is no bar of twin conditions contained in original S. 45(1)(ii) of PMLA Act - On merits as well as on medical grounds....
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