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SANDEEP SHARMA
Lakhwinder Singh S/o Late Shri Sardar Jagmail Singh – Appellant
Versus
Direcorate Of Enforcement, Government Of India – Respondent
ORDER :
Bail petitioner, namely Dr. Lakhwinder Singh, who is behind the bars since 26.9.2022, has approached this Court in the instant proceedings filed under Section 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case ECIR/SHSZO/02/2022, dated 20.06.2022, registered at Shimla, Sub Zonal Office, Directorate of Enforcement, under Sections 3 and 4 of Prevention of Money Laundering Act hereinafter PMLA.
2. Pursuant to notice issued to the instant proceedings in terms of order dated 17.10.2022, respondent-State/ Directorate of Enforcement has filed the status report and Mr. Aman Mor, Assistant Director of Enforcement has come present with record. Close scrutiny of status report/ record reveals that Himachal Pradesh Police registered FIR No. 252 of 2021 under Sections 379, 406, 34 IPC and Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957. After having completed investigation in the aforesaid FIR, police has filed challan under Section 173 Cr.P.C., against Vishal @ Vicky and 15 other persons for their having allegedly committed offence punishable under Section 120-B, 379 of Indian Penal Code and under Section 21 of the Mines an
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.
Economic offences like money laundering under the PMLA warrant severe scrutiny for bail, emphasizing the right to a speedy trial while recognizing the gravity of the allegations and prolonged detenti....
The court emphasized that bail under the PMLA requires satisfaction of twin conditions regarding the accused's guilt and likelihood of committing further offences, which were not met in this case.
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 conditions for granting bail under the Prevention of Money Laundering Act are mandatory, requiring the court to be satisfied of the accused's non-guilt and lack of likelihood to commit further of....
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