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DINESH KUMAR SHARMA
Pooja Singh – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. The Present application has been filed seeking grant of bail under Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA) r/w Section 439 of the Code of Criminal Procedure Code 1973, (Cr.P.C.) in FIR No. ECIR/DLZO-II/54 of 2021 aggrieved of the order dated 28.10.2022 whereby the learned Special Judge, dismissed the bail application of the petitioner.
2. Facts in brief, are that on the basis of the complainant, Aditi Shivinder Singh FIR no.208/2021 dated 07.08.2021 was registered at P.S: Special Cell, Delhi Police against unknown accused persons for different offences under Sections 170/384/386/388/419/420 IPC r/w 120-B IPC and under Section 66 (D) of IT Act.
3. As per the status report the prosecution has alleged, that through a newspaper article, it was revealed that a contractual nursing staff was caught in Tihar Jail for helping Sukesh Chandrashekhar in communicating/passing on certain information out of Tihar Jail, as per his instructions. On this, a communication was sent to DG Prisons seeking information regarding the said nursing staff. On the said communication, it was intimated that one Anurag Kumar was working as Nursing Orderl
At the bail stage, the court is required to consider the prima facie case and is not allowed to meticulously examine the evidence. The court must maintain a delicate balance between judgment of acqui....
Economic offences like money laundering under the PMLA warrant severe scrutiny for bail, emphasizing the right to a speedy trial while recognizing the gravity of the allegations and prolonged detenti....
Bail – Delay and long detention in custody cannot be a ground for grant of bail in cases of money laundering.
The court held that the petitioner is entitled to bail under Section 45 of the Prevention of Money Laundering Act, 2002 as there were no reasonable grounds for believing that she had committed an off....
The court established that the proviso to Section 45(1) of the PMLA provides discretion to grant bail to women accused, allowing for a more lenient approach in considering bail applications based on ....
The court considered the scope of Section 3 of PMLA, the discretion to be exercised at the stage of bail, and the balance between statutory embargo and period of incarceration.
(1) Money Laundering – Right to life and personal liberty enshrined under Article 21 of Constitution is overarching and sacrosanct – Constitutional Court cannot be restrained from granting bail to ac....
The court emphasized the right to a speedy trial and liberty, allowing bail under the Prevention of Money Laundering Act after 15 months of custody, citing no likelihood of trial commencement.
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