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2017 (9) TMI 952 - HC - Money Laundering


Issues Involved:
1. Grant of bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA).
2. Applicability of the proviso to Section 45(1) of PMLA for women and sick persons.
3. Consideration of the gravity of economic offences in bail decisions.
4. Parity in bail decisions with co-accused.

Detailed Analysis:

1. Grant of Bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA):
The petitioner sought bail under Section 439 of the Code of Criminal Procedure, 1973, and Section 45 of the PMLA. The case involved allegations of money laundering related to a contract for VVIP helicopters, where the petitioner and co-accused were instrumental in laundering bribe money through various consultancy contracts and companies. The petitioner was arrested and did not cooperate with the investigation, providing evasive replies and withholding information about her associations with companies in Mauritius and Dubai.

2. Applicability of the Proviso to Section 45(1) of PMLA for Women and Sick Persons:
The petitioner argued that as a woman and a sick person, the rigours of Section 45(1)(ii) of the PMLA should not apply to her, citing the first proviso to Section 45. The court examined whether the proviso could be invoked to benefit the petitioner. It was noted that the proviso is an enabling provision allowing the court to exercise discretion in appropriate cases for women or sick persons. However, it was emphasized that this discretion should be applied based on special circumstances and not as a matter of course.

3. Consideration of the Gravity of Economic Offences in Bail Decisions:
The court highlighted that economic offences, especially those professionally committed by white-collared individuals, inflict severe injuries on the nation's health and wealth. Such offences are treated with greater severity, and releasing accused individuals on bail could jeopardize the economy and affect the community at large. The court referenced previous judgments, including Chhagan Chandrakant Bhujbal vs. Assistant Director, Enforcement Directorate, where bail was declined despite serious medical conditions, underscoring the gravity with which economic offences are treated.

4. Parity in Bail Decisions with Co-Accused:
The petitioner sought bail on the grounds of parity, noting that other co-accused had been released on bail. The court rejected this plea, stating that the rigours of Section 45(1) of the PMLA were not considered in those cases. Additionally, the petitioner failed to demonstrate any special circumstances warranting her release on bail as a woman or a sick person. The court emphasized that the nature and gravity of the offence must be considered, and the petitioner did not meet the criteria for bail under the proviso to Section 45(1) of the PMLA.

Conclusion:
The court dismissed the bail application, concluding that the petitioner did not qualify for bail under the proviso to Section 45(1) of the PMLA. The petitioner’s involvement in serious economic offences, lack of cooperation with the investigation, and the absence of special circumstances justifying bail as a woman or sick person were key factors in the decision. The court reiterated the need to deal with economic offences with a heavy hand to prevent jeopardizing the economy and affecting the community.

 

 

 

 

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