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2025 (1) TMI 1448 - HC - Money LaunderingSeeking grant of bail - Money laundering - alleged illegal extortion on Coal Transportation payments collected by the applicant and his associates - twin conditions of Section 45 of the PMLA 2002 fulfilled or not - HELD THAT - It is quite vivid that the applicant is unable to fulfill twin conditions for grant of bail as per Section 45 of the PMLA 2002 and also considering the submission that the applicant has not prima facie reversed the burden of proof and dislodged the prosecution case which is mandatory requirement to get bail. Hon ble the Supreme Court in case of DIRECTORATE OF ENFORCEMENT VERSUS ADITYA TRIPATHI 2023 (5) TMI 527 - SUPREME COURT has held that the High Court has neither considered the rigour of Section 45 of the PML Act 2002 nor has considered the seriousness of the offences alleged against accused for the scheduled offences under the PML Act 2002 and the High Court has not at all considered the fact that the investigation by the Enforcement Directorate for the scheduled offences under the PML Act 2002 is still going on and therefore the impugned orders passed by the High Court enlarging respective respondent No. 1 on bail are unsustainable and the matters are required to be remitted back to the High Court for afresh decision on the bail applications after taking into consideration the observations made hereinabove. Considering the ECIR and other material placed on record which prima facie shows involvement of the applicant in crime in question and also considering the law laid down by Hon ble the Supreme Court it is quite vivid that the applicant is unable to fulfill the twin conditions for grant of bail as provided under Section 45 of the PMLA 2002. Thus the Point is answered against the applicant. Conclusion - Applicant is unable to fulfill twin conditions for grant of bail as per Section 45 of the PMLA 2002. The bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 is liable to be and is hereby rejected. Bail application rejected.
The judgment addresses a bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, by an applicant arrested in connection with a case registered under the Prevention of Money Laundering Act, 2002 (PMLA). The applicant sought bail on the grounds of prolonged pre-trial incarceration and alleged violations of the right to a speedy trial under Article 21 of the Indian Constitution.
Issues Presented and Considered: The core issue considered by the Court was whether the applicant fulfilled the twin conditions under Section 45 of the PMLA, 2002, for the grant of bail. This involved assessing whether there were reasonable grounds to believe that the applicant was not guilty of the offense and whether the applicant was unlikely to commit any offense while on bail. Issue-wise Detailed Analysis: Relevant Legal Framework and Precedents: Section 45 of the PMLA, 2002, establishes stringent conditions for granting bail, requiring the court to be satisfied that the accused is not guilty and is unlikely to commit further offenses. The Court referred to various precedents, including the Supreme Court's judgments, which emphasize the seriousness of economic offenses and the need for thorough investigation in money laundering cases. Court's Interpretation and Reasoning: The Court analyzed the applicant's role in the alleged conspiracy involving illegal extortion related to coal transportation. It noted the applicant's alleged involvement in a syndicate that extorted significant sums of money and laundered proceeds through various transactions. The Court found that the evidence prima facie indicated the applicant's key role in the offense. Key Evidence and Findings: The Court referred to evidence collected by the Enforcement Directorate, including incriminating documents and statements from various individuals. The evidence suggested that the applicant coordinated the illegal activities and managed the proceeds of crime, which were used for political funding and other purposes. Application of Law to Facts: The Court applied the twin conditions of Section 45 of the PMLA, 2002, to the facts of the case. It concluded that the applicant had not demonstrated reasonable grounds for believing that he was not guilty of the offense. Additionally, the Court was not convinced that the applicant would not commit further offenses if released on bail. Treatment of Competing Arguments: The applicant's counsel argued that the applicant's prolonged incarceration and the delay in trial proceedings warranted bail. However, the Court found that the delay was not attributable to the prosecution and that the applicant's role as the alleged kingpin of the offense weighed against granting bail. The Court also rejected the argument that the applicant's medical condition justified bail, noting the applicant's refusal to undergo recommended medical tests. Conclusions: The Court concluded that the applicant failed to fulfill the twin conditions for bail under Section 45 of the PMLA, 2002. The evidence indicated the applicant's significant involvement in the offense, and there was a risk of influencing witnesses or tampering with evidence if bail were granted. Significant Holdings: The Court emphasized the rigorous requirements of Section 45 of the PMLA, 2002, for granting bail in money laundering cases. It reiterated that economic offenses constitute a separate class of offenses, and bail should not be granted lightly in such cases. The Court also highlighted the importance of considering the gravity of the offense and the role of the accused when assessing bail applications. The final determination was that the bail application was rejected, and the applicant was not entitled to be released on bail. The Court's observations were not intended to influence the trial proceedings, which would be decided based on the evidence and material presented in court.
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