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DINESH KUMAR SHARMA
Manish Kothari (Presently In JC) – Appellant
Versus
Dir. of Enforcement Ministry of Finanace Dept. of Revenue Headquarter Investigation Unit – Respondent
JUDGMENT
Dinesh Kumar Sharma, J.
1. Present petition has been filed under Section 439 r/w Section 167(2) AND Section 482 of Cr.P.C. for grant of bail in CT Case No. 13/2022- ECR/KLZ0/41/2020 dated 25/09/20 under Prevention of Money Laundering Act 2002.
2. The petitioner is aggrieved of the order dated 09.06.2023 whereby the bail application of the petitioner has been dismissed by the learned Special Judge primarily on the ground that the petitioner has failed to meet the threshold of Section 45 of PMLA. Learned trial court has inter alia held that the petitioner has actively assisted the co-accused to convert the tainted money into untainted money and connived in the laundering thereto.
3. The learned trial court has also inter alia held that the present case being a serious economic offence stands on a different footing and thus required to be seen with a different perspective. Learned trial court also inter alia rejected the contention of the petitioner that the share of the applicant/accused out of the alleged tainted money was only to the extent of Rs.27-28 lakhs and hence the applicant/accused was to be treated on a different footing in terms of the proviso clause appended to Sect
The main legal point established in the judgment is the application of broad probabilities and prima facie determination in granting bail under PMLA, without converting the bail stage into a mini tri....
(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 ....
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....
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.
The mandatory conditions under Section 45 of PMLA for granting anticipatory bail were not satisfied, emphasizing economic offences' serious nature.
Bail – Delay and long detention in custody cannot be a ground for grant of bail in cases of money laundering.
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.
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