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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
PRAVEER BHATNAGAR
Anita Kumari @ Anita Meena, W/o. Dr. Prabhu Singh – Appellant
Versus
Directorate of Enforcement, Through Its Assistant Director, Directorate of Enforcement, (The Prevention of Money Laundering Act, 2002) Government of India, Ministry of Finance, Department of Revenue – Respondent
ORDER :
1. On behalf of the accused-petitioner, the instant bail application has been preferred under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner has been arrested in connection with ECIR No. JPZO/03/2023, registered for the offence punishable under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as ‘the PMLA’).
2. It is contended by learned counsel for the petitioner that the petitioner was arrested on 24.07.2024, and the twin conditions prescribed under Section 45 of the PMLA are not applicable in the present case as the accused is a woman. In support of his submission, the learned counsel has relied on the judgment passed by the Hon’ble Supreme Court in the case of Shashi Bala v. Directorate of Enforcement, SLP (Criminal) No. 16260 of 2024, dated 15.01.2025.
3. It is also contended that the petitioner has been in custody for more than eight months. The complaint relies on four predicate FIRs: FIR No. 227/2022, FIR No.747/2022, FIR No. 647/2022, and FIR No. 1289/2022. The petitioner is implicated only in FIR No. 227/2022, in which a supplementary charge sheet has been submitted against her. The charge sheet co
The court held that while the provisions of Section 45 of the PMLA may not apply due to the petitioner being a woman, the discretion to grant bail lies with the court based on the evidence of involve....
Involvement in assisting money laundering is sufficient for prosecution under PMLA; bail conditions under Section 45 are mandatory.
The court held that the majority of funds alleged as proceeds of crime were received before the predicate offence, thus the conditions for bail under Section 45 of the PMLA were not met, allowing bai....
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 held that the seriousness of economic offences under the PMLA necessitates stringent bail conditions, emphasizing that prolonged incarceration does not automatically warrant bail if substan....
After cognizance of an offence under PMLA is taken, the Enforcement Directorate cannot arrest the accused, impacting the applicability of bail conditions stipulated in Section 45.
Accused in money laundering must meet stringent bail conditions under Section 45 of the PMLA, reflecting the severity of the offense and impact on ongoing investigations.
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....
The judgment establishes that in cases of money laundering under the PMLA, the conditions for granting anticipatory bail are stringent, requiring the accused to prove their innocence, and that the co....
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