2023 (8) TMI 1446 - SCH - Money Laundering

Money Laundering - grant of pre-arrest bail - HELD THAT - The second supplementary complaint after investigation has already been filed. During the course of the investigation the appellant was not arrested though his statement was recorded. Hence a case is made out to grant pre-arrest bail to the appellant. Accordingly it is directed that in the event of arrest the appellant shall be enlarged on bail on such terms and conditions as may be deemed proper by the competent court. The warrant issued against the appellant shall not be executed - Appeal allowed.

Summary

Issues involved: Grant of pre-arrest bail, conditions for bail, appearance before the court.

Grant of Pre-arrest Bail: The appellant was not arrested during the investigation, and a second supplementary complaint has been filed. The court found a case to grant pre-arrest bail to the appellant. The court directed that if the appellant is arrested, he should be released on bail on suitable terms and conditions determined by the competent court.

Conditions for Bail: It was emphasized that the appellant must appear before the competent court for each hearing unless a specific exemption is granted. Failure to appear may lead to cancellation of the bail protection. The court also stated that if the appellant's non-appearance causes delays in the trial, the respondent can request cancellation of the protection granted.

Appearance before the Court: The appellant was instructed to be present before the competent court for every hearing, with the exception of any granted exemptions. Consequently, the warrant issued against the appellant was to remain unexecuted in light of the directions provided by the court.

Conclusion: The appeal was allowed, and any pending applications were disposed of in accordance with the terms outlined in the judgment.