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SWARANA KANTA SHARMA
Manish Sisodia – Appellant
Versus
Directorate of Enforcement : Central Bureau of Investigation – Respondent
| Table of Content |
|---|
| 1. introduction of the case context and investigation details. (Para 1 , 3 , 4) |
| 2. summary of allegations and responses from the applicant. (Para 10 , 11 , 12 , 14) |
| 3. legislative framework concerning delay in trial and its relevance. (Para 42 , 45 , 51) |
| 4. the court emphasizes anti-corruption measures and public integrity. (Para 159 , 162) |
JUDGMENT
SWARANA KANTA SHARMA, J.
| INTRODUCTION |
| BRIEF FACTS OF THE CASE |
| SUBMISSIONS ON BEHALF OF APPLICANT SH. MANISH SISODIA 10 |
| Submissions qua the case registered by Central Bureau of Investigation |
| Submissions qua the case filed by Directorate of Enforcement |
| SUBMISSIONS ON BEHALF OF THE RESPONDENTS |
| Submissions on behalf of Directorate of Enforcement |
| Submissions on behalf Central Bureau of Investigation |
| ISSUES BEFORE THIS COURT |
| DIRECTIONS OF THE HON’BLE SUPREME COURT IN JUDGMENT DATED 30.10.2023: WHETHER THE APPLICANT IS ENTITLED TO BAIL ON SOLE GROUND OF DELAY IN TRIAL? |
| WHETHER THERE IS DELAY IN TRIAL, FOR THE REASONS ATTRIBUTABLE TO APPLICANT SH. MANISH SISODIA? |
| Applications preferred by the Applicant in CBI case before the Ld. |
| Trial Court |
| Applicatio |
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....
(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....
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 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 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.
The court held that there were reasonable grounds for believing that the petitioner was guilty of the offence under Section 3 of the PMLA. The court also held that the twin conditions under Section 4....
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 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....
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