2022 (9) TMI 1429 - SC - Indian Laws

Seeking grant of Anticipatory Bail - Money Laundering - scheduled offence - HELD THAT - It is directed that in the event of her arrest in connection with proceedings initiated under the provisions of Prevention of Money Laundering Act 2002 in ECIR Case No.2/2020 the arresting officer shall release the appellant on bail on furnishing cash security in the sum of Rupee one lakh with like sureties. The appellant shall remain present in person or through an Advocate on every single date before the trial court - the appeal is allowed.

Summary

Issues involved:
1. Anticipatory bail in connection with proceedings under the Prevention of Money Laundering Act, 2002.
2. Release on bail after completing more than five years of custody in connection with a scheduled offence.

Analysis:
1. Anticipatory Bail Issue:
The Supreme Court granted anticipatory bail in two separate criminal appeals challenging judgments passed by the High Court of Jharkhand at Ranchi. The appeals involved the same factual situation and were related to proceedings initiated under the Prevention of Money Laundering Act, 2002 in ECIR Case No.2/2020. The appellant in both cases was entitled to the relief of anticipatory bail. The Court directed that in the event of her arrest, the arresting officer should release the appellant on bail upon furnishing cash security of Rupee one lakh with sureties. The conditions for bail included not misusing liberty, refraining from contacting witnesses, and ensuring no interference with the investigation or proceedings. The appellant was also required to be present in person or through an advocate on every court date.

2. Release on Bail Issue:
The primary issue involved in both appeals was the release on bail after the appellant had completed more than five years of custody in connection with a scheduled offence. The appellant had been granted bail by the Supreme Court in 2017. The Court acknowledged that the appellant had been in custody for an extended period and was bailed out previously. Considering the circumstances, the Court allowed both appeals and directed the release on bail in case of arrest in connection with the specified proceedings under the Prevention of Money Laundering Act, 2002. The bail conditions were set, and the appellant was instructed to comply with various requirements to ensure proper conduct during the legal process.

In conclusion, the Supreme Court's judgments in both criminal appeals granted anticipatory bail to the appellants in connection with proceedings under the Prevention of Money Laundering Act, 2002. The Court emphasized the conditions for bail, including financial security and behavioral restrictions, to safeguard the legal process and prevent any misuse of liberty. The release on bail was directed based on the appellant's previous custody period and the specific circumstances of the cases, ensuring fair treatment and adherence to legal procedures.