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DINESH KUMAR SHARMA
Avtar Singh Kocchar @ Dolly – Appellant
Versus
Enforcement Directorate – Respondent
JUDGMENT
| Sl.No. | INDEX | Para Nos. |
| 1. | FACTUAL MATRIX | 1-3 |
| 2. | SUBMISSIONS ON BEHALF OF PETITIONER | 4-9 |
| 3. | SUBMISSIONS ON BEHALF OF RESPONDENT/E.D. | 10-13 |
| 4. | FINDINGS AND CONCLUSIOIN | 14-26 |
Dinesh Kumar Sharma, J.
FACTUAL MATRIX
1. The present bail application has been moved under Section 439 Cr.P.C. read with Sections 45 and 65 of the Prevention of Money Laundering Act, 2002 on behalf of the petitioner seeking bail in ECIR No. ECIR/DLZO-II/54/2021 Zone Delhi zone II dated 08.08.2021.
2. The facts in brief as stated by the Directorate of Enforcement (ED) are as under:
i. That Special Cell/Delhi Police registered FIR no. 208/2021 dated 07.08.2021, u/s 170, 384, 386, 388,9, 420, 506, 120B IPC and 66D of Information Technology Act, 2000 against unknown persons, upon the complaint of one Smt. Aditi Shivender Singh. The said complaint pertains to the extortion of money to the tune of Rs.200 Crores. Since the FIR no. 208/2021 contained sections provided under the scheduled offences of part A of PMLA, ED (Delhi Zone Office-II) recorded ECIR no. ECIR/DLZO-II/54/2021 on 08.08.2021 to investigate the offence of money laundering. The prelude to the present ECIR relates to the investigation pertaining to another ECIR/DLZO
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....
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....
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....
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.
Bail – Delay and long detention in custody cannot be a ground for grant of bail in cases of money laundering.
(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 bail under the PMLA requires satisfaction of twin conditions regarding the accused's guilt and likelihood of committing further offences, which were not met in this case.
The court granted bail under the PMLA, emphasizing the lack of sufficient evidence linking the applicant to money laundering, and highlighting the necessity for a predicate offence to substantiate ch....
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