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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, SUDEEPTI SHARMA
Harmesh Kumar Gaba – Appellant
Versus
Asstt. Directorate of enforcement, govt. Of india – Respondent
JUDGMENT :
Sudeepti Sharma, J.
1. The petitioner has approached this Court by filing the instant 2nd petition under Section 439 of the Code of Criminal Procedure seeking his release on regular bail, in COMA 13 of 2017 dated 01.7.2017 titled as "Enforcement Directorate Vs. Davinder Singh Nirwal and others" arising out of ECIR/02/JLZO/2013 dated 22.01.2016, registered under Sections 3/4 of Prevention of Money Laundering Act, 2002 (herein after to be referred as " PMLA Act").
2. Learned senior counsel for the petitioner contends that since the petitioner is hardly literate and is only 3rd standard pass, he verified from the revenue authorities as to which of his properties were attached by the respondent department and came to know that two properties had no lien or charge by the Enforcement Directorate in the revenue records.
3. Learned senior counsel for the petitioner further contends that because of the financial crisis, since, the whole of the family of the petitioner was involved on account of proceedings under the PML A Act, therefore, the petitioner disposed of part of the above two properties.
4. Learned senior counsel of the petitioner further contends that the action of the peti
Bail petition – Economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be viewed seriously.
The main legal point established is that the petitioner's qualification under the triple test of Section 45 of the PMLA, the timing of the FIR registration, and the petitioner's health condition were....
The court emphasized that bail conditions under the Prevention of Money Laundering Act must balance the liberty of the accused with the necessity of a fair trial, allowing bail given the minor financ....
Issuance of Non-Bailable Warrants should follow established procedures; lesser measures like bailable warrants must be considered first to uphold the rights of the accused.
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