2022 (6) TMI 1440 - HC - Money Laundering

Seeking grant of Interim Bail - Money Laundering - siphoning off of the funds - criminal conspiracy - HELD THAT - Undoubtedly the instant case is of serious nature of economic offence involving a large interest of the State. However in view of pendency of the instant case he has been deprived of the benefit of annual leave entitlement during the continuation of serving out the life imprisonment awarded against him and others in connection with Special NIA Case No.01/2009. In the absence of certainty in commencement of trial and completion of further investigation in the case at the earliest and prolonged detention of him in judicial custody this Court is of the considered opinion that in order to enable him to avail the benefit of his annual leave he may be granted the liberty of interim bail only - it is provided that the accused petitioner namely Mohet Hojai shall be released on interim bail of Rs.50, 000/- (Rupees Fifty Thousand) with 02 (two) sureties of like amount to the satisfaction of the learned Special Judge Guwahati Assam. The interim bail allowed subject to conditions imposed.

Summary

Issues:
Bail application under Section 439 CrPC in connection with Special PMLA Case No.3/2018 pending before the Special Judge, Assam at Guwahati.

Analysis:
1. The accused petitioner sought bail in Special PMLA Case No.3/2018 due to being detained without trial commencement for over 3 years, despite being entitled to annual leave for serving a life sentence in another case.
2. The respondent, Enforcement Directorate, opposed the bail application citing the ongoing investigation, incriminating evidence, and the accused's potential influence on witnesses due to political connections.
3. The prosecution outlined the case involving siphoning Rs.13.5 Crores from the North Cachar Hills Autonomous Council, leading to the registration of Special PMLA Case No.3/2018.
4. The accused had been previously convicted under IPC and PMLA sections and was serving a life sentence, with the case at a pre-charge stage due to a stay order since 2019.
5. The court considered the stringent bail provisions under Section 45 of PMLA, emphasizing factors like the nature of the offense, witness tampering risk, public interest, accused's circumstances, and trial attendance probability.
6. Acknowledging the seriousness of the economic offense and the accused's prolonged detention, the court granted interim bail to enable the accused to utilize annual leave entitlement, subject to specified conditions and sureties.