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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
MR. JUSTICE PRAVEER BHATNAGAR, J
Suresh Kumar S/o Jagdish – Appellant
Versus
Directorate of Enforcement, through its Assistant Director – Respondent
ORDER :
PRAVEER BHATNAGAR, J.
1. These instant bail applications have been filed under Section 483 of B.N.S.S., 2023, on behalf of the accused petitioners, Suresh Kumar and Peera Ram, in connection with ECIR No. JPZO/03/2023 for the offences under Sections 3/4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as ‘the PMLA’).
2. The Learned counsel appearing on behalf of the accused petitioners, Mr. Hora presents an argument, asserting that no substantial case has been made out against the present petitioners under the Prevention of Money Laundering Act, 2002 (“PMLA”). He firmly states that the petitioners have neither generated nor laundered funds through illicit activities. The petitioners have already been enlarged on bail under the predicate offence, and no recovery of any money was made from the petitioners. The predicate offence was entirely different from the case under the PMLA, and the Enforcement Directorate (“ED” entirely rest its case on the evidence collected in the predicate offence. The predicate offence committed under the provision of The Rajasthan Public Examination (Measures of Prevention of Unfair Means in Recruitment) Act, 2022, does not fall
Involvement in assisting money laundering is sufficient for prosecution under PMLA; bail conditions under Section 45 are mandatory.
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....
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....
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.
Prolonged incarceration without trial violates the right to liberty under Article 21; bail is the rule, and individual circumstances must be considered.
The right to personal liberty under Article 21 prevails over prolonged pre-trial incarceration, with bail granted subject to stringent conditions.
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....
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.
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