Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MR. JUSTICE PRAVEER BHATNAGAR, J
Rajuram @ Iram S/o Badraram – Appellant
Versus
Directorate Of Enforcement, Headquarter At New Delhi Through Special Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. bail application filed (Para 1) |
| 2. defense arguments presented (Para 2) |
| 3. reliance on previous judgments (Para 3) |
| 4. co-accused granted bail (Para 4) |
| 5. court's view on bail principles (Para 5 , 6) |
| 6. court's view on evidence (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 7. court's reasoning on bail denial (Para 16 , 17 , 18 , 19) |
| 8. bail application dismissed (Para 20) |
Order :
2. Learned counsel, Mr. Pankaj Gupta presents the argument asserting that there is no substantial case under Section 3/4 of the P.M.L.A., against the petitioner. He firmly states that the petitioner has not generated funds through illicit activities, and no amount was recovered from the behest of the petitioner. It is contended that in the predicate offences i.e. in the FIR No.298/2021 registered at Police Station Balghat, Karauli and FIR No.402/2021 registered at Police Station Ganga City, the same allegations were incorporated and subsequently charge-sheet have been submitted. As far as the investigation of the predicate offence is concerned, the Investigating Agency has arrested as many as 130 accused persons and have submitted 9 charge- sheets. The allegations as culled out against the petiti
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 main legal point established in the judgment is the requirement for the Enforcement Directorate to demonstrate that the property as the 'proceeds of crime' are derived from criminal activity from....
Involvement in assisting money laundering is sufficient for prosecution under PMLA; bail conditions under Section 45 are mandatory.
Prolonged incarceration without trial violates the right to liberty under Article 21; bail is the rule, and individual circumstances must be considered.
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.
(1) Money Laundering – Right to life and personal liberty enshrined under Article 21 of Constitution is overarching and sacrosanct – Constitutional Court cannot be restrained from granting bail to ac....
The mandatory conditions under Section 45 of PMLA for granting anticipatory bail were not satisfied, emphasizing economic offences' serious nature.
Bail is to be denied in economic offenses when serious, substantiated evidence of money laundering exists, per provisions of the Prevention of Money Laundering Act.
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
