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2024 (4) TMI 476 - SCH - Money LaunderingMoney Laundering - Seeking grant of bail - appellant has been in custody for more than five years between the period - 2011 and 2018 in the predicate offence - HELD THAT - Keeping in view the period of custody undergone the present appeal is accepted and the appellant - Ram Binod Prasad Sinha is directed to be released on bail during the pendency of trial in ECIR no. 03/2018 registered for the offence(s) punishable under Section 4 of the PMLA before the Court of Additional Judicial Commissioner-XVII-cum-Special Judge CBI Ranchi subject to conditions imposed. The impugned judgment is set aside and the appeal is allowed.
Issues involved:
The judgment involves the release on bail of the appellant who has been in custody for an extended period u/s Prevention of Money Laundering Act, 2002. Issue 1: Period of custody and bail under PMLA: The appellant, Ram Binod Prasad Sinha, has been in custody for more than five years between 2011 and 2018, and over three years and nine months for offences punishable u/s PMLA. The Supreme Court accepted the appeal and directed the release of the appellant on bail during the trial in ECIR no. 03/2018 registered for offences u/s Section 4 of the PMLA before the Court of Additional Judicial Commissioner-XVII-cum-Special Judge, CBI, Ranchi. The trial court will determine the terms and conditions for the grant of bail. Issue 2: Conditions for bail and appearance: The appellant, Ram Binod Prasad Sinha, is required to appear on all hearing dates unless exempted from personal appearance. He must provide a mobile number for contact by the officers of the Directorate of Enforcement to ascertain his whereabouts. Failure to be contacted on the provided mobile number may lead to the officers moving an application before the trial court for bail cancellation. The impugned judgment was set aside, and the appeal was allowed with specified conditions. Issue 3: Clarification on findings and pending applications: The Supreme Court clarified that the observations and the grant of bail should not be considered as findings on the merits of the case. Any pending applications were disposed of in light of the judgment.
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