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DINESH KUMAR SHARMA
Manish Sisodia – Appellant
Versus
Directorate of Enforcement – Respondent
Headnote: Read headnote
JUDGMENT
INDEX
| S. No. | Particulars | Page No. |
| 1. | Factual Matrix | 2-17 |
| 2. | Submissions on behalf of Petitioner | 17-32 |
| 3. | Submissions on behalf of Respondent/ED | 32-37 |
| 4. | Finding and Analysis | 37-56 |
Dinesh Kumar Sharma, J.
A. FACTUAL MATRIX
1. The present judgment shall dispose of the bail application no. 1478/2023 of Sh. Manish Sisodia. The bail application of Manish Sisodia was dismissed by the learned Special Judge vide order dated 28.04.2023.
The court held that there were reasonable grounds for believing that the petitioner was guilty of the offence under Section 3 of the PMLA. The court also held that the twin conditions under Section 4....
SECTION 3 OF PMLA HAS A WIDER REACH AND ANYBODY WHO IS ACTUALLY INVOLVED IN KNOWINGLY ASSISTING DIRECTLY OR INDIRECTLY IN ANY PROCESS OR ACTIVITY WITH THE PROCEEDS OF CRIME INCLUDING ASSISTING IN THE....
(1) Bail application – For the purpose of considering application for bail, although detailed reasons are not necessary to be assigned and evidence need not be weighed meticulously, tentative finding....
The offence of money laundering under Section 3 of the PMLA includes any process or activity connected with the proceeds of crime, including its concealment, possession, acquisition or use and projec....
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 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 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....
(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 in economic offences under the PMLA, bail is not granted unless the accused proves they are not guilty and unlikely to commit further offences.
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