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CHANDRA DHARI SINGH
Basant Bansal – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
1. The Applicant has approached this Court inter alia seeking anticipatory bail since the Applicant apprehends his arrest in connection with ECIR No. F. No. GNZO/10/2021 (hereinafter to be referred as "ECIR") dated 15th June 2021 registered by the Enforcement Directorate (`ED') under Section 3 and Section 4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as "PMLA").
FACTUAL MATRIX
2. The background of the matter is that between the period of years 2018-2020, 13 FIRs were registered by certain allottees of two separate residential projects, `Skyon' and Floors, plots and Villas, undertaken by the IREO Group, i.e., M/s IREO Pvt. Ltd. and M/s IREO FiveRiver Pvt. Ltd., respectively, on the ground of delay in handing over/delivery of possession of apartments/commercial units. There were no specific allegations against the Applicant, his family members, the M3M Group or any of its entity in the said FIRs.
3. While investigation into the said FIRs against the IREO Group of Companies, the Respondent/ED came to register the ECIR No. F.No.GNZO/10/2021 on 15th June 2021. In this ECIR as well, the applicant or the M3M Group of Compa
The High Court has concurrent jurisdiction with the Court of Sessions to entertain an anticipatory bail application under Section 438 of the CrPC. The twin conditions under Section 45 of the PMLA are....
The discretionary nature of approaching the High Court or the Court of Session for anticipatory bail under Section 438 of Cr.P.C, the importance of personal liberty, and the presumption of innocence ....
The provisions of S.45 of the PMLA do not apply to anticipatory bail proceedings, allowing for bail grants based on case-specific circumstances.
The gravity of economic offences, potential influence on witnesses and evidence, and the failure to satisfy the twin conditions for bail under Section 45 of the PMLA were central to the court's decis....
An application seeking anticipatory bail is maintainable even if the petitioner is not named as an accused in the ECIR or the prosecution complaint.
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
The mandatory conditions under Section 45 of PMLA for granting anticipatory bail were not satisfied, emphasizing economic offences' serious nature.
The power to grant Anticipatory Bail is available to the High Court and the Court of Sessions, even when cognizance is taken or a charge-sheet has been filed. The belief that the accused may be arres....
Grant of anticipatory bail to some extent interferes in the sphere of investigation of an offence and hence, the court must be circumspect while exercising such power for grant of anticipatory bail.
Anticipatory bail under Section 438 cannot shield an accused from custodial detention ordered by the court post-summons, distinguishing between police arrest and court-directed custody.
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