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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
Moideen Kutty K. @ M. K. Faizy, S/o. Saidali Kalachan – Appellant
Versus
Directorate of Enforcement, New Delhi – Respondent
| Table of Content |
|---|
| 1. bail application filed under pmla related offences. (Para 1 , 3 , 4 , 5) |
| 2. importance of fulfilling bail criteria under pmla conditions. (Para 2 , 39 , 40 , 45 , 50 , 68 , 119) |
| 3. presence and turnover of financial evidence in prosecution. (Para 8 , 26 , 36 , 43) |
| 4. link between criminal activities and funds raised must be clear. (Para 9 , 10 , 12 , 15 , 23) |
| 5. bail considerations must focus on personal liberty against prolonged detention. (Para 14 , 27 , 31 , 33 , 53) |
| 6. allegations require sufficient evidence linking defendants to illegal activities. (Para 24 , 41 , 56 , 60) |
| 7. distinct nature of money laundering as independent from predicate offences. (Para 70 , 117 , 120) |
| 8. evidence of involvement must show more than mere association. (Para 92 , 93 , 104) |
| 9. court grants bail considering all presented factors. (Para 139 , 140 , 142) |
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. Bail Application under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) read with Section 45 and 65 of Prevention of Money Laundering Act, 2002 (hereinafter referred to as “PMLA”) has been filed on behalf of the Applicant/Moideen Kutty K @ M.K. Faizy seeking Regu
A bail application under PMLA can be granted if the accused demonstrates that there are reasonable grounds for believing they are not guilty and are unlikely to commit further offences while on bail.
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....
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.
Prolonged pre-trial detention without trial may necessitate bail, especially when trial completion is unlikely, balancing the severity of allegations with the accused's rights under Article 21.
(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 held that allegations against appellants lacked sufficient evidence connecting them to terrorist activities, allowing for bail under the UA(P) Act.
The court emphasized that constitutional rights to liberty prevail when trials are unduly prolonged, allowing bail despite serious terrorism charges.
(1) Bail application – Question of grant of bail concern both liberty of individuals undergoing criminal prosecution as well as interest of criminal justice system in ensuring that those who commit c....
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