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HIGH COURT OF DELHI
MS. JUSTICE NEENA BANSAL KRISHNA, J
SAMEER MAHANDRU – Appellant
Versus
DIRECTORATE OF ENFORCEMENT – Respondent
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. The present Petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 ("Cr.P.C." hereinafter) read with Sections 45 and 65 of the Prevention of Money Laundering Act, 2002 ("PMLA 2002" hereinafter) on behalf of Applicant Sameer Mahandru seeking regular Bail in ECIR/HIU-II/14/2022 dated 22.08.2022 ("ECIR" hereinafter) registered under Section 3 and Section 4 PMLA, 2002.
2. Briefly stated, the Applicant was arrested on 28.09.2022 and has been suffering incarceration for more than 18 months. The Central Bureau of Intelligence ("CBI") had registered an FIR No. RC0032022A0053 dated 17.08.2022 P.S. CBI, ACB under Sections 120-B read with 477-A of Indian Penal Code, 1860 ("IPC") and Section 7 of Prevention of Corruption Act, 1988 ("PC" Act).
3. Thereafter, the present ECIR was registered on 22.08.2022 and the Applicant has been illegally arrested on 28.09.2022 in total derogation of the procedure established under Section 19 PMLA. The ED had filed an incomplete prosecution complaint before the Trial Court on 26.11.2022 arraying Applicant as accused No.1.
4. The Applicant moved an Application on 22.12.2022 before the learned Trial Co
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 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 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 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.
Bail is the rule and jail is the exception, especially in serious economic offences under the Prevention of Money Laundering Act, where the gravity of charges necessitates stringent scrutiny.
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