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RAJESH SINGH CHAUHAN
Siddh Narain Sharma – Appellant
Versus
Assistant Director Directorate Of Enforcement Lucknow Zonal Office – Respondent
JUDGMENT :
Rajesh Singh Chauhan, J.
1. Heard Sri Purnendu Chakravarty, learned counsel for the applicant and Sri Kuldeep Srivastava, learned counsel for the Enforcement Directorate, the opposite party.
2. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Complaint Case No.1003 of 2021 in ECIR No.ECIR/01/LKZO/2018 dated 18.02.2018, under Sections 3/4 of the Prevention of Money-Laundering Act, 2002, Police Station - Directorate of Enforcement, Lucknow.
3. Counter affidavit and rejoinder affidavit have been filed and the parties have requested that the matter may be heard and disposed of finally.
4. Sri Purnendu Chakravarty, learned counsel for the applicant has submitted that the present applicant is a retired Chief Engineer. One FIR was lodged by the Central Bureau of Investigation (hereinafter referred to as "CBI") on 30.11.2017 at RC-26A/2017 against so many persons including the present applicant. The CBI has filed charge sheet against so many persons but no charge sheet has been filed against the present applicant as nothing incriminating has been found against him by the CBI.
5. As per Sri Chakravarty, the Enforcement Directorate (her
The provisions of S.45 of the PMLA do not apply to anticipatory bail proceedings, allowing for bail grants based on case-specific circumstances.
The gravity of economic offences, potential influence on witnesses and evidence, and the failure to satisfy the twin conditions for bail under Section 45 of the PMLA were central to the court's decis....
Anticipatory bail may be granted under PMLA, considering the health challenges of the accused and lack of direct proceeds of crime linked to them.
The mandatory conditions under Section 45 of PMLA for granting anticipatory bail were not satisfied, emphasizing economic offences' serious nature.
Anticipatory bail granted in PMLA case due to agency's sudden coercive action post-arrest of its IO for bribery, prior cooperation shown, no custodial necessity evidenced, twin conditions under Sec 4....
The main legal point established in the judgment is that the length of incarceration and the likelihood of trial completion are crucial factors in determining whether an applicant should be granted b....
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