Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. R. MENGDEY
Shailesh Babulal Bhatt – Appellant
Versus
State Of Gujarat – Respondent
Key Points: - The Court emphasizes that for successive regular bail applications under PMLA, there must be a change in circumstances to justify grant of bail (!) (!) - The court reiterates that under Section 45 of the PML Act, two mandatory conditions apply for bail: opportunity for the prosecutor to oppose, and satisfaction of reasonable grounds that the accused is not guilty and not likely to commit an offense while on bail; the court found no such grounds in this case (!) (!) - The Supreme Court’s observations from prior orders (not disturbed) indicate strong prima facie evidence against the applicant and that delay in trial is not a sufficient ground to release on bail in this context (!) (!) - The judgment dismisses the bail application due to lack of change in circumstances and adherence to earlier unfavorable findings (!)
| Table of Content |
|---|
| 1. application for bail and previous applications (Para 1 , 2) |
| 2. arguments surrounding evidence and interpretation under pmla (Para 3 , 4 , 5) |
ORDER :
M. R. MENGDEY, J.
1. The applicant has filed this application under Sections 187 (2) and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 45 of Prevention of Money Laundering Act, 2002 for enlarging the applicant on regular bail in connection with the File No.ECIR/AMZO/01 of 2019 registered with Directorate of Enforcement, Ahmedabad for the offences punishable under Section 3 r/w. 4 of the Prevention of Money Laundering Act, 2002.
2. Learned Senior Advocate appearing for the applicant has submitted that the applicant has been arrested in connection with the present offence on 14.08.2024. After his arrest, the applicant had approached this Court by filing Criminal Misc. Application No.22347 of 2024 seeking regular bail. The said application was dismissed by this Court vide Order dated 21.02.2025. Being aggrieved by the said Order, the applicant had approached the Hon’ble Apex Court by filing Special Leave to Appeal (Criminal) No.4036 of 2025. During the course of hearing of the said proceedings before
The court emphasized the stricter conditions for bail under PMLA, reaffirming that prior denials remained effective unless significant changes in circumstances are demonstrated.
The court upheld that under Section 45 of the PML Act, the applicant failed to demonstrate that there were reasonable grounds for believing he was not guilty and unlikely to commit further offenses w....
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.
The right to a speedy trial is fundamental under Article 21, and prolonged incarceration without trial infringes on this right, warranting bail despite serious allegations.
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 held that the applicant failed to satisfy the twin conditions for bail under Section 45 of the PMLA, 2002, due to the serious nature of the allegations and the evidence presented.
Bail is a rule, but denial is justified when serious allegations and criminal history indicate a likelihood of re-offending and tampering with evidence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
