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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 :
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.HIU-II/05/2022 registered for the offence under Section 3/4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as ‘the P.M.L.A.’).
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
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....
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.
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