Prem Prakash vs Union of India Through The Directorate of Enforcement

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 710

B. R. GAVAI, K. V. VISWANATHAN
Prem Prakash – Appellant
Versus
Union of India Through The Directorate of Enforcement – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Ranjit Kumar, Sr. Adv., Mr. Siddharth Agarwal, Sr. Adv., Mr. Indrajit Sinha, Adv., Ms. Sneh Singh, Adv., Ms. Anusuya Sadhu Sinha, Adv., Mr. Sowjhanya Shankar, Adv., Mr. Harsh Yadav, Adv., Mr. Siddharth Naidu, Adv., M/S. KSN & Co., AOR
For the Respondent: Mr. Suryaprakash V.Raju, A.S.G., Mr. Zoheb Hussain, Adv., Mr. Annam Venkatesh, Adv., Mr. Kanu Agrawal, Adv., Mr. Mrigank Pathak, Adv., Mr. Vivek Gurnani, Adv., Mr. Samrat Goswami, Adv., Mr. Hitarth Raja, Adv., Mr. Harsh Paul Singh, Adv., Mr. Gaurav Sarkar, Adv., Mr. Animesh Upadhyay, Adv., Mr. Sathvik Reddy, Adv., Ms. Abhipriya, Adv., Mr. Kartik Sabarwal, Adv., Mr. Vivek Gaurav, Adv., Mr. Kshitiz Agarwal, Adv., Mr. Arvind Kumar Sharma, AOR, 2

JUDGMENT :

K.V. Viswanathan, J.

1. Leave granted.

2. The present appeal challenges the judgment dated 22.03.2024 of the High Court of Jharkhand at Ranchi in B.A. No. 9863 of 2023. By the said judgment, the High Court dismissed the bail application of the appellant. The appellant sought for regular bail in connection with ECIR Case No. 5 of 2023 in ECIR-RNZO/10/2023 (hereinafter referred to as ECIR Case No. 5 of 2023) registered for the offence under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as ‘PMLA’) and pending before the Court of Special Judge, PMLA, Ranchi.

Brief Facts

3. The predicate offence on the basis of which ECIR No. 5 of 2023 was recorded on 07.03.2023 is an FIR bearing Sadar P.S. Case No. 399 of 2022 registered on 08.09.2022 for offences punishable under Sections 406, 420, 467, 468, 447, 504, 506, 341, 323 and 34 of the Indian Penal Code, 1860 (for short ‘IPC’). The appellant was not named as an accused there.

4. In view of Section 420 and 467 of IPC, being Scheduled Offences, ECIR No. 5 of 2023 was registered and investigation under the PMLA was initiated. Even here the appellant was not named though the ECIR did mention certa

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2024 Supreme(SC) 710

B. R. GAVAI, K. V. VISWANATHANPrem Prakash – AppellantVersusUnion of India Through The Directorate of Enforcement – Respondent

Cases Referred (8)

B. R. GAVAI, K. V. VISWANATHAN
Prem Prakash – Appellant
Versus
Union of India Through The Directorate of Enforcement – Respondent