HARNARESH SINGH GILL
Vikram Kumar Seth – Appellant
Versus
Directorate Of Enforcement, Jalandhar – Respondent
JUDGMENT
Harnaresh Singh Gill, J. - Through this petition, the petitioner seeks regular bail in case bearing ECIR No.JLZO/ECIR/03/2017 dated 07.11.2017, registered under Section 3 punishable under Section 4 of Prevention of Money Laundering Act 2002 (for brevity, 'PML Act').
2. Brief facts of the case, as noticed by the learned Judge, Special Court, PMLA, Jalandhar, while dismissing the bail application of the petitioner, are as under:
'3. The facts necessary for the disposal of the present bail application are that CBI, ACB, Chandigarh registered FIR No. RCCHG2015A0002 dated 15.01.2015, under Sections 120-B, 420, 467, 468, 471 IPC and Sections 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, against applicant-accused Vikram Kumar Seth and others, on the allegations that on the basis of forged and fabricated documents, they obtained loan from the banks. FIR No. 86 dated 30.07.2013 and FIR No. 61 dated 13.05.2013, under Sections 420,467,468,471,120-B IPC have also been registered against Vikram Seth and others, at Police Station Phagwara. Since. The offences under Sections 120-B,420,467,471 IPC and Section 13 of Prevention of Corruption Act are scheduled offences,
The main legal point established is the constitutional validity of Section 45(1) of the PML Act and the principle of granting bail in economic offences when the investigation is complete and the tria....
Prolonged incarceration before trial infringes on the right to speedy trial, necessitating bail under the Prevention of Money Laundering Act if trial delays are significant.
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.
The grant of bail in cases related to money laundering and fraudulent activities should consider the criminal history, nature of allegations, and impose specific terms and conditions to prevent furth....
Point of Law : Economic offences - Grant of Bail - On medical ground - When there is no bar of twin conditions contained in original S. 45(1)(ii) of PMLA Act - On merits as well as on medical grounds....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.