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PRAVEER BHATNAGAR
Sanjay Badaya S/o Harinarayan Badaya – Appellant
Versus
Directorate of Enforcement, through its Assistant Director, Jaipur – Respondent
ORDER :
1. The instant bail application has been filed under Section 483 B.N.S.S. on behalf of the accused-petitioner. The petitioner has been arrested in connection with ECIR No. JPZO/29/2023 dated 21.08.2023, registered for the offences under Section 3 of the Prevention of Money Laundering Act, 2002 (from now on referred to as ‘Act of 2002’) and punishable under Section 4 of Act of 2002.
2. It is contended by learned senior counsel Mr. Vikram Choudhary for the accused petitioner that accused-petitioner Sanjay Badaya has falsely been implicated under Section 3 (4) of the Act of 2002. It is vehemently argued that similarly placed co-accused Piyush Jain has been granted bail by the Hon’ble Apex Court vide order dated 09.09.2024, and the case of the present accused-petitioner is akin to the case of the other co-accused Piyush Jain. It is also contended that against the present petitioner, the charge sheet has already been filed, and the petitioner has been in custody since 16.07.2024. The charge sheet itself is voluminous, and the prosecution relied upon 47 witnesses; it is unlikely that the trial will conclude shortly. Learned counsel for the accused petitioner has relied on the judgm
The court emphasized the necessity of written reasons for arrest under the Prevention of Money Laundering Act, while also affirming the sufficiency of evidence against the accused-petitioner for bail....
The court held that the petitioner is entitled to bail under Section 45 of the Prevention of Money Laundering Act, 2002 as there were no reasonable grounds for believing that she had committed an off....
The court ruled that minor defects in a complaint do not entitle accused to statutory bail if the investigation is complete and there is sufficient evidence against them.
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.
The court established that under the PMLA, an accused can be convicted for money laundering even if not formally accused in the predicate offense, emphasizing the independent and serious nature of ec....
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 under the Prevention of Money Laundering Act, bail can only be granted if there are reasonable grounds to believe the accused is not guilty, which was not established in thi....
The court ruled that in economic offenses, particularly money laundering, anticipatory bail is rarely granted due to the grave nature of allegations and potential interference with investigations.
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