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DINESH KUMAR SHARMA
Benoy Babu – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT
INDEX
| S. No. | Particulars | Page No. |
| 1. | Factual Matrix | 2-17 |
| 2. | Submissions on behalf of Petitioner | 18-22 |
| 3. | Submissions on behalf of Respondent/ED | 22-24 |
| 4. | Finding and Analysis | 25-46 |
Dinesh Kumar Sharma, J.
BAIL APPLN. 562/2023 & CRL.M.(BAIL) 269/2023
A. FACTUAL MATRIX
1. The present order shall dispose of the bail application no. 562/2023 of "Benoy Babu vs Directorate of Enforcement".
2. The bail applications filed by petitioner Benoy Babu was dismissed by the learned Special Judge, PC Act, CBI-09 vide order dated 16.02.2023.
3. Briefly the facts as stated by Enforcement Directorate are as under:
"5. An FIR No. RC0032022A0053 dated 17.08.2022 was registered by CBI, ACB, New Delhi against Sh. Manish Sisodia, Deputy Chief Minister, GNCTD of Delhi and others under Section 120B r/w 477A of Indian Penal Code, 1860 and Section 7 of Prevention of Corruption Act, 1988 for irregularities in framing and implementation of the excise policy of GNCTD of Delhi for the year 2021-22.
6. The FIR is registered on the direction of competent authority conveyed by Shri Praveen Kumar Rai, Director, MHA, Govt. Of India vide OM No. 14035/06/2022-Delhi-1 dated 22/07/22 for enquiry into the matter of irregularities in
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....
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....
The court emphasized that bail is the rule and refusal is an exception, granting bail under PMLA, 2002 due to lack of evidence and procedural violations during arrest.
(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 court ruled that even significant trial delays do not automatically warrant bail in economic offences, especially when credible evidence suggests potential witness tampering and evidence destruct....
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 ruled that the presumption of innocence and the right to a speedy trial under Article 21 of the Constitution outweigh the stringent conditions for bail under the Prevention of Money Launder....
The court upheld that evidence's credibility is crucial in determining bail under the Prevention of Money Laundering Act; weakness in predicate offence claims favors granting bail.
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.
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