Back
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
M A CHOWDHARY
Assistant Director, Directorate of Enforcement – Appellant
Versus
Yatin Yadav, S/o Deshraj Yadav – Respondent
| Table of Content |
|---|
| 1. ed seeks bail cancellation for s45 pmla violations. (Para 1 , 2) |
| 2. respondents complied with bail; no misuse alleged. (Para 3) |
| 3. special court ignored prima facie evidence and presumptions. (Para 4 , 5) |
| 4. bail cancellable only on condition violation. (Para 6) |
| 5. accused involved in exam paper leak proceeds. (Para 8 , 9) |
| 6. cancellation requires supervening circumstances or misuse. (Para 10 , 11 , 12 , 13 , 14) |
| 7. prosecution failed s45 pmla twin conditions. (Para 15 , 16 , 17 , 18) |
| 8. no interference without supervening circumstances. (Para 19 , 20) |
JUDGMENT :
M A CHOWDHARY, J.
1. Applicant- Directorate of Enforcement, through this application moved under Section 483(3) BNSS [Section 439(2) of CrPC] read with Section 528 of BNSS [Section 482 of CrPC], seeks setting aside the order dated 26.11.2024 passed by the Court of learned Special Judge Anticorruption (CBI cases) Specially Designated Court under the Prevention of Money Laundering Act, 2002 (‘Special Court’), in Bail Application filed by respondent No.1- Yatin Yadav in File No. 657/2024 and Respondent No. 2- Anil Kumar Yadav in File No.658/2024 pertaining to ECIR Bearing No. ECIR/JMSZO/01/2023 dated 31.03.2023 arisi
Bail under PMLA not cancellable without supervening circumstances like liberty misuse, bail condition violation, or evidence tampering; special court validly applied Section 45 twin conditions absent....
The court emphasized the stricter conditions for bail under PMLA, reaffirming that prior denials remained effective unless significant changes in circumstances are demonstrated.
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 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....
Cancellation of bail requires substantial grounds indicating misuse or misconduct; mere allegations of injustice without evidence do not suffice for revocation.
The court emphasized the importance of cooperation with the investigation, the gravity of the offense, and the need to balance the fundamental right of personal liberty with the reasonable restrictio....
(1) Personal liberty as guaranteed under Article 21 of Constitution cannot be deprived to a citizen except with procedure established by law.(2) Bail – Operation of bail granted in some special circu....
The right to personal liberty under Article 21 prevails over prolonged pre-trial incarceration, with bail granted subject to stringent conditions.
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
