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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Soumyakant Mohanty – Appellant
Versus
Directorate Of Enforcement – Respondent
| Table of Content |
|---|
| 1. court notes applicability of bail principles in context. (Para 1 , 9 , 11 , 15 , 16 , 18 , 20) |
| 2. allegations of money laundering against the petitioner. (Para 2 , 5 , 6) |
| 3. petitioner contends non-pendency of other bail applications. (Para 3 , 4 , 7 , 8) |
| 4. petitioner argues for bail despite section 45 pmla constraints. (Para 10 , 12) |
| 5. court expounds on conditions of arrest post cognizance. (Para 14 , 19) |
| 6. court grants bail with conditions. (Para 21 , 22 , 23) |
ORDER :
1. Heard Mr. Pal, learned counsel for the Petitioner and Mr. Agarwal, learned counsel for the Directorate of Enforcement.
3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned case is pending in any other Court.
5. The Enforcement Directorate filed a Complaint Case (PMLA) Case No.10 of 2023 in the Special Court under the Prevention of Money Laundering Act, 2002, Bhubaneswar against the present Petitioner cited as Accused No.3 and others under Section 45 read with Section 44 of the Prevention of Money Laundering Act (PMLA), 2002.
“9. SPECIFIC ROLE OF THE ACCUSED / CO- ACCUSED/ PERSONS ABETTING IN THE COMMISST
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.
The court held that the applicant failed to satisfy the twin conditions for bail under Section 45 of the PMLA, 2002, due to the serious nature of the allegations and the evidence presented.
The main legal point established in the judgment is the unconstitutionality of the twin conditions for release on bail as per Section 45(1) of the PML Act, 2002, as declared by the Supreme Court in N....
Anticipatory bail – Merely because an arrest can be made because it is lawful, does not mandate that arrest must be made – Distinction has been made between existence of power of arrest and justifica....
The court's decision highlighted the lack of objective satisfaction about the petitioner's guilt, the divergent views expressed by the High Courts and the Supreme Court, and the personal liberty of t....
The right to personal liberty under Article 21 prevails over prolonged pre-trial incarceration, with bail granted subject to stringent conditions.
(1) Grant of bail – Consideration of two conditions mentioned in Section 45 is mandatory and while considering bail application, rigours of Section 45 have to be reckoned by court to uphold objective....
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.
Point of law : The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, th....
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