2023 (9) TMI 1145 - SCH - Money Laundering

Money Laundering - applicability of provision of Section 436-A of the Code of Criminal Procedure, 1973 - HELD THAT - The impugned judgment/order set aside, which had restricted the grant of bail to the appellant for a period of six months, with a direction that the appellant will appear before the trial court and would be released on bail, which is pending adjudication before the Court of Sessions Judge, Khurda, Bhubaneswar, Odisha on terms and conditions to be fixed by the trial court. Application disposed off.

Summary

Issues involved:
Grant of bail u/s 436-A of CrPC in Crl. Misc. (PMLA) Case No. 34/2016 under PMLA.

The Supreme Court allowed the appeal and set aside the judgment/order restricting bail to the appellant. The Directorate of Enforcement did not seek an extension of custody after the initial remand order. The appellant had already served about 9 years and 2 months in custody and sentence for predicate offenses. The court found that the provision of Section 436-A of the Code of Criminal Procedure, 1973, was applicable due to the appellant's extended period of incarceration. As a result, the appellant was directed to appear before the trial court and granted bail in Crl. Misc. (PMLA) Case No. 34/2016 pending before the Sessions Judge, Khurda, Bhubaneswar, Odisha, subject to conditions set by the trial court.

The Supreme Court clarified that its order applied only to Crl. Misc. (PMLA) Case No. 34/2016 and did not grant bail in any other case or proceedings. Any pending applications were deemed disposed of in light of the judgment.