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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Jagabandhu Chand – Appellant
Versus
Directorate of Enforcement – Respondent
| Table of Content |
|---|
| 1. overview of bail application and allegations. (Para 1 , 2) |
| 2. arguments regarding conditions of bail and health issues. (Para 3 , 11) |
| 3. court's analysis of bail provisions and applicant's situation. (Para 4 , 5 , 6 , 9 , 12 , 13 , 14) |
| 4. definition and implications of 'sick' for bail eligibility. (Para 8 , 10) |
| 5. final order granting bail with conditions. (Para 15) |
JUDGMENT :
G. Satapathy, J.
1. This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Complainant Case (PMLA) Case No.10 of 2022 for commission of offence Under Section 3 of the Prevention of Money Laundering Act, 2002 (In short “PMLA”) which is punishable Under Section 4 PMLA pending in the file of learned District and Sessions Judge, Khurda at Bhubaneswar.
2. An overview of the facts involved in this case are on 02.10.2022, one FIR was registered against the Petitioner and others vide Khandagiri PS Case No. 496 of 2022 for commission of offences punishable Under Sections 341 / 328 / 324 / 354-C/ 370 /386 /387/ 388/389/419/420/465/506/120-B of Indian Penal Code (in short IPC ), 1860 and Under Section 66 -E/67 of the Information Technology Act, 2000(In short t
Personal liberty must be preserved; serious medical conditions warranting special care can justify bail under the PMLA's proviso to Section 45(1).
The court interpreted the proviso to section 45(1) of the PMLA and determined the eligibility for bail based on the Applicant's medical condition, distinguishing between being 'sick' and 'infirm'. Th....
The judgment established that severe health conditions, including life-threatening diseases and inability to perform routine activities due to infirmity, can qualify for interim bail on medical groun....
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.
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 right to a speedy trial under Article 21 of the Constitution prevails, allowing bail under Section 436A of the CrPC despite statutory restrictions in the PMLA.
The right to personal liberty under Article 21 prevails over prolonged pre-trial incarceration, with bail granted subject to stringent conditions.
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