Back
SWARANA KANTA SHARMA
Sanjay Singh – Appellant
Versus
Directorate of Enforcement – Respondent
| Table of Content |
|---|
| 1. overview of the case's factual background. (Para 1 , 2 , 3 , 4 , 5) |
| 2. applicant's arguments against bail. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. respondent's opposition and arguments. (Para 12 , 13 , 14 , 15 , 16) |
| 4. court's observations on prosecution's evidence. (Para 17) |
| 5. legal framework for bail under pmla. (Para 18 , 19) |
| 6. legal standards for granting bail. (Para 20 , 38 , 39) |
| 7. evidence involving the approver's statements. (Para 21 , 22 , 23 , 24 , 25) |
| 8. background on the involvement in previous liquor policies. (Para 29 , 30 , 31 , 32) |
| 9. discussion on the applicant's non-inclusion in scheduled offence. (Para 33 , 34 , 35 , 36) |
| 10. evaluating admissibility of statements under section 50 of pmla. (Para 40 , 41 , 42 , 43 , 44) |
| 11. insights into evidence of accomplices. (Para 45 , 46 , 47 , 48) |
| 12. conclusion on bail application and trial expedite. (Para 68 , 69 , 70 , 72 , 73) |
| 13. final conclusions on bail application. (Para 75) |
JUDGMENT
Swarana Kanta Sharma, J. - By way of present application under Section 4 39 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') read with Sections 4 5 and 65 of the Prevention of Money Laundering Act, 2002 ('PMLA'), the applicant Sh. San
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 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 upheld the legality of the arrest and remand of the petitioner under the Prevention of Money Laundering Act, emphasizing the necessity of compliance with legal procedures and the petitioner....
(1) Bail – Predicate offence – Even under PMLA governing principle is that “Bail is Rule and Jail is Exception”.(2) When accused is in custody under PMLA irrespective of case for which he is under cu....
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) Delhi liquor scam – Arrest of petitioner Arvind Kejriwal, Chief Minister of State of Delhi is not illegal.(2) Law of approver is more than 100 years old – It is Court of law that evaluates credib....
The main legal point established in the judgment is that the twin conditions under Section 45 of PMLA must be satisfied before granting bail in a money laundering case, and the accused's involvement ....
Bail – Retracted statements cannot form basis of guilt of applicant – Continuing pre-trial incarceration will amount to deprivation of personal liberty as well as travesty of justice.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
