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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. R. MENGDEY
Shailesh Babulal Bhatt – Appellant
Versus
State Of Gujarat – Respondent
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 4 5 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 Hon’ble Apex Court, the Hon’ble Apex Court had noticed that the applicant had not brought the fact of the applicant having approached the Hon’ble Apex Co
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 stricter conditions for bail under PMLA, reaffirming that prior denials remained effective unless significant changes in circumstances are demonstrated.
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.
Bail is a rule, but denial is justified when serious allegations and criminal history indicate a likelihood of re-offending and tampering with evidence.
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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