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SANJAY KUMAR DWIVEDI
Rajeev Jhawar – Appellant
Versus
Assistant Director, Enforcement Directorate, Patna – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Sumeet Gadodia, learned counsel for the petitioner and Mr. Amit Kumar Das, learned counsel for the Enforcement Directorate.
2. This petition has been filed for quashing the order dated 28.02.2023 whereby the learned District & Sessions-cum-Special Judge, PMLA and C.B.I. has been pleased to dismiss the Miscellaneous Criminal Application bearing No. 94 of 2023 filed in ECIR/02/2021 for the alleged commission of offence of Money Laundering as defined under section 3 of PMLA Act punishable under section 4 of Prevention of Money Laundering Act, 2002 whereby the application filed under section 205 of Cr.P.C. has been rejected.
3. Mr. Sumeet Gadodia, learned counsel for the petitioner submits that C.B.I. registered an F.I.R. being FIR No. R.C. 220 of 2016 for the offence punishable under section 120B r/w 420 of I.P.C. and under section 13(2) r/w 13 (1) (d) of the Prevention of Corruption Act, 1988. He submits that the said F.I.R was registered against Usha Martin Limited and other unknown persons and the said petitioner was not arrayed as an accused in that F.I.R. He further submits that Enforcement Directorate registered ECIR No. PTZO/03/2017
The court ruled that the exercise of judicial discretion under Section 205 of the Code of Criminal Procedure must consider the age and health of the petitioner when deciding on personal appearance ex....
Judicial discretion under Section 205 Cr.P.C. must balance an accused's personal circumstances against case seriousness; exemption from appearance can be granted if sufficient cause is shown.
Bail should not be denied as a form of punishment; however, in cases of money laundering, serious allegations and potential interference with investigations warrant careful consideration against bail....
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 court emphasized the stricter conditions for bail under PMLA, reaffirming that prior denials remained effective unless significant changes in circumstances are demonstrated.
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 Prevention of Money Laundering Act proceedings are independent of the predicate offence and must proceed without delay, reflecting the urgency in addressing economic crimes.
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