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HIGH COURT OF DELHI
MS. JUSTICE NEENA BANSAL KRISHNA, J
ARUN RAMCHANDRAN PILLAI – Appellant
Versus
DIRECTORATE OD ENFORCEMENT – Respondent
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. The present Bail Application under Section 439 read with Section 167(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C. 1973”) read with Section 45 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as “PMLA, 2002”) has been filed on behalf of the Applicant seeking grant of Regular Bail in ECIR No. ECIR/HIU-II/14/2022 (hereinafter referred to as “ECIR case”) dated 22.08.2022 registered under Sections 3/4 PMLA, 2002 at Police Station HIU, Directorate of Enforcement (hereinafter referred to as “ED”).
2. The Applicant has submitted that he is an experienced professional with expertise in Tier-I Client Management, Regulatory, and Policy expertise, Project Strategy and Management, Government Advisory, Business Development with substantial International exposure. He is a Bachelor of Technology in Mechanical Engineering from the University of Kerala and has also completed Master of Science in Mechanical Engineering from University of Saskatchewan and Master of Business Administration from Indian School of Business, Hyderabad. The Applicant has worked in a varied range of sectors and fields across countr
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 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....
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 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....
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....
The court emphasized that in economic offences under the PMLA, bail is not granted unless the accused proves 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.
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