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GURVINDER SINGH GILL
Pranjil Batra – Appellant
Versus
Directorate of Enforcement – Respondent
| Table of Content |
|---|
| 1. petitioner's background and arrest (Para 1 , 2 , 7) |
| 2. arguments for bail based on health concerns (Para 3 , 4 , 5 , 6) |
| 3. evidence of complicity and financial transactions (Para 8 , 10 , 11 , 17) |
| 4. legal analysis on section 45 of pmla (Para 12 , 13 , 14 , 15 , 16) |
| 5. health issues qualify for bail exception (Para 18 , 19 , 20 , 21) |
| 6. final decision granting bail (Para 22 , 23) |
Judgment
Mr. Gurvinder Singh Gill, J.
The petitioner seeks grant of regular bail in respect of a complaint bearing no. COMA-2-2021 dated 22.1.2021 under Section 4 read with Section 70 of the Prevention of Money Laundering Act, 2002 (in short hereinafter referred to as ‘the PMLA’).
2. Since the petitioner was neither initially arrayed as an accused in the complaint nor when some FIRs were registered in Haryana and Hyderabad pursuant to which some ECIRs came to be registered by Enforcement Directorate, the sequence leading to arraying of the petitioner as an accused needs to be referred to, which is briefly stated herein-under:
8.9.2018 : FIR No. 358/2018 dated 8.9.2018 was registered at Police Station Sadar Fatehabad, District Fatehabad, Haryana for offences under the Prize Chits and Money Circula
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....
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....
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 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....
Economic offences like money laundering under the PMLA warrant severe scrutiny for bail, emphasizing the right to a speedy trial while recognizing the gravity of the allegations and prolonged detenti....
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 court clarified the 'sick and infirm' criteria under Section 45(1) of the PMLA, emphasizing that serious health conditions can warrant bail, overriding traditional restrictions related to the nat....
Personal liberty must be preserved; serious medical conditions warranting special care can justify bail under the PMLA's proviso to Section 45(1).
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