2022 (8) TMI 1411 - HC - Money Laundering

Seeking grant of Regular Bail - twin conditions under Section 45 of Prevention of Money Laundering Act fulfilled or not - HELD THAT - As seen from the order of this Court in SHRI KHAGESH KACHHWAL VERSUS DIRECTORATE OF ENFORCEMENT, HYDERABAD ZONE 2022 (8) TMI 1410 - TELANGANA HIGH COURT the grounds on which Accused No.1 was granted bail apply to the present petitioner also, for which reason, this Court is of the view that the relief of bail can be extended to this petitioner on the same conditions imposed upon Accused No.1, therefore, the petitioner/accused is granted bail subject to the conditions imposed. Bail application allowed.

Summary

Issues: Bail application under Sections 437 and 439 of Cr.P.C. for Accused No.2 in connection with a money laundering case.

Analysis:
- The Criminal Petition was filed seeking regular bail for Accused No.2 in connection with a specific Enforcement Directorate case.
- The petitioner's counsel argued for bail based on parity with the bail granted to Accused No.1 in a previous order.
- The Special Public Prosecutor highlighted the necessity to consider the twin conditions under Section 45 of the Prevention of Money Laundering Act.
- It was pointed out that there were financial transactions between the petitioner and another accused, and a complaint was filed after the investigation concluded.
- The Court noted that the grounds for granting bail to Accused No.1 applied to the present petitioner, leading to the decision to extend the relief of bail to the petitioner on the same conditions imposed on Accused No.1.
- The conditions for bail included executing a personal bond, appearing before the Directorate of Enforcement for investigation, and abiding by the stipulated conditions in Section 437(3) of Cr.P.C.
- The Court allowed the Criminal Petition, incorporating the order from a previous case, and directed the closure of any pending miscellaneous applications.