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IN THE HIGH COURT OF TRIPURA AT AGARTALA
Aparesh Kumar Singh
Goutam Kundu – Appellant
Versus
Union of India – Respondent
ORDER :
Aparesh Kumar Singh, C.J.
Petitioner is an accused in ECIR/GWZO/01/2015 instituted on19.03.2015 by the Enforcement Directorate. The said case arose out of West Agartala P.S. Case No.141/2013 dated 15.05.2013 registered under Sections 4 20 , 406 read with Section 3 4 of the INDIAN PENAL CODE , 1860 and Section 3 of the Tripura Protection of Interest of Depositors (In Financial Establishment) Amendment Act, 2011. The same is pending before the learned Special Court, West Tripura, Agartala which is the designated Court to conduct trial of offences punishable under Section 4 of the Prevention of Money-Laundering Act, 2002 [hereinafter referred to as PMLA, 2002] as per notification No.S.O.372(E) dated 05.02.2016 issued by the Government of Tripura. He was arrested on 23.11.2021 as is reflected from the order dated 25.01.2022 [Annexure-3 of reply affidavit] passed by the learned Special Judge in Spl. (PMLA) 01 of 2018. His bail applications have earlier been rejected by the orders dated 25.01.2022, 23.05.2023 and lastly by the impugned order dated 07.12.2024. Being aggrieved by the rejection of his bail application, petitioner has preferred the instant petition under Section 4 82
Court emphasized the necessity for substantive reasoning in bail decisions under the Prevention of Money-Laundering Act, reinforcing the need for procedural fairness in considering bail applications.
The court held that the petitioner is entitled to bail under Section 45 of the Prevention of Money Laundering Act, 2002 as there were no reasonable grounds for believing that she had committed an off....
(1) Money Laundering – Right to life and personal liberty enshrined under Article 21 of Constitution is overarching and sacrosanct – Constitutional Court cannot be restrained from granting bail to ac....
In PMLA cases, constitutional courts grant bail despite Section 45 twin conditions if prolonged incarceration (over two years), trial delay not attributable to accused, and no reasonable trial conclu....
(1) Bail Application – In case of delay coupled with incarceration for a long period and depending on nature of allegations, right to bail will have to be read into Section 45 of PMLA and Section 439....
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