PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MAHABIR SINGH SINDHU
Sikandar Singh – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT :
Mahabir Singh Sindhu, J.
1. Present Second petition has been filed, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS"), read with 167(2) of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") with a prayer to forthwith release the petitioner on bail/default bail in ECIR/GNZO/20/2021, dated 16.11.2021, registered at Gurugram Zonal Office, Directorate of Enforcement (for short, "E.D."), under Sections 3 & 4 of Prevention of Money Laundering Act, 2002 (for short, "PMLA").
2. BRIEF FACTS:-
2.1 M/s Mahira Homes Pvt. Ltd is the holding company of various other associate companies, including M/s Sai Aaina Farms Pvt. Ltd. (for short, "SAFPL"), M/s Czar Buildwell Pvt. Ltd. (Presently Mahira Buildwell Pvt. Ltd.) (for short "M/s Czar") and M/s Mahira Buildtech Pvt. Ltd. (for short "M/s Mahira Buildtech"), which are dealing with construction projects in Sectors 68, 103 & 104; respectively, at Gurugram.
2.2 On 17.05.2016, the SAFPL applied for an affordable Housing Project under Pradhan Mantri Awas Yojana-Urban for construction of 1500 Flats in the land measuring 9.96875 acres, situated in revenue estate of Village Badshahpur, Sector 68, Gurugram
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.
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....
Anticipatory bail under the PMLA requires clear evidence that the accused is not guilty and unlikely to commit further offences, which was not demonstrated in this case.
Bail is to be denied in economic offenses when serious, substantiated evidence of money laundering exists, per provisions of the Prevention of Money Laundering Act.
Bail – Delay and long detention in custody cannot be a ground for grant of bail in cases of money laundering.
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.