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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD,
Sanjit Kumar @ Sanjeet Kumar S/o Bhamar Pal – Appellant
Versus
Directorate of Enforcement through Assistant Director (Complainant) – Respondent
| Table of Content |
|---|
| 1. overview of bail application and allegations (Para 1 , 2) |
| 2. arguments for the petitioner’s innocence (Para 3 , 4) |
| 3. arguments for and against the bail application. (Para 5 , 9 , 10 , 19) |
| 4. arguments against granting bail (Para 6 , 7) |
| 5. court's observations on the evidence and legal standards. (Para 8 , 16 , 29 , 36) |
| 6. implications and necessity for compliance with pmla (Para 25 , 28 , 39 , 41) |
| 7. court’s legal reasoning in declining the bail application. (Para 38 , 46 , 50 , 60) |
| 8. definition and scope of money laundering under pmla (Para 45 , 47 , 58 , 59) |
| 9. final decision on bail application (Para 90 , 93) |
| 10. final conclusion on the application for bail. (Para 94) |
JUDGMENT :
SUJIT NARAYAN PRASAD, J.
Prayer:
1. The instant application has been filed under Section 4 83 and 484 of the Bhartiya Nagarik Suraksha Sanhita, 2023 praying for grant of bail in connection with ECIR Case No.06 of 2023, arising out of ECIR/RNZO/25/2023 registered under Section 3 punishable under Section 4 of Prevention of Money Laundering Act, 2002 (herein referred as Act2002).
Factual Matrix of the Case:
2. The prosecution story in brief as per the allegation made in the instant ECIR/complaint read
The court established that under the PMLA, an accused can be convicted for money laundering even if not formally accused in the predicate offense, emphasizing the independent and serious nature of ec....
The offence of money laundering under the PMLA is independent, and involvement in proceeds of crime suffices for liability; stringent conditions for bail must be met.
The offence of money laundering under PMLA is independent of underlying scheduled offences; involvement in any process related to proceeds of crime suffices for liability under Section 3.
The court emphasized that in money laundering cases, the burden is on the accused to prove absence of mens rea, and economic crimes warrant stricter scrutiny in bail considerations.
The court emphasized that under the Prevention of Money Laundering Act, bail can only be granted if there are reasonable grounds to believe the accused is not guilty, which was not established in thi....
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....
(1) Economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be viewed seriously and considered as grave offences affecting economy of country as a whole and ....
The conditions for granting bail under Section 45 of the Prevention of Money Laundering Act, 2002, are mandatory, requiring the court to be satisfied that the accused is not guilty and is not likely ....
The court ruled that in economic offenses, particularly money laundering, anticipatory bail is rarely granted due to the grave nature of allegations and potential interference with investigations.
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