2025 (4) TMI 454 - HC - Money Laundering

Money Laundering - seeking an extension of the interim Bail for a period of 60 days on the humanitarian grounds - HELD THAT - In the prevailing circumstances and on humanitarian grounds coupled with the fact that the Petitioner would be required to carry out post-cremation rituals and to support his Mother emotionally and financially the interim Bail granted to the Petitioner is hereby extended for a further period of 2 weeks from today as it is stated that the interim Bail granted by this Court vide Order dated 28.03.2025 is set to expire today i.e. 08.04.2025 subject to the same conditions as imposed by this Court vide Order dated 28.03.2025. The interim Bail Application is disposed of.

ISSUES PRESENTED and CONSIDERED

The core legal issue considered in this judgment is whether the Petitioner should be granted an extension of interim bail on humanitarian grounds, despite alleged violations of bail conditions. The specific questions include:

Whether the humanitarian circumstances presented by the Petitioner justify an extension of interim bail.
Whether the alleged non-compliance with bail conditions by the Petitioner affects his eligibility for bail extension.

ISSUE-WISE DETAILED ANALYSIS

Humanitarian Grounds for Bail Extension

Relevant Legal Framework and Precedents: The Petitioner filed the application under Section 528 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and Section 45 of the Prevention of Money Laundering Act, 2002. The legal framework allows for bail on humanitarian grounds in exceptional circumstances.
Court's Interpretation and Reasoning: The Court considered the humanitarian grounds presented, including the recent death of the Petitioner's father and the need to perform post-cremation rituals. The Court acknowledged the emotional and financial responsibilities the Petitioner bears towards his family.
Key Evidence and Findings: The Petitioner's counsel presented evidence of the Petitioner's family situation, including the death of his father, the unemployment of his sister, and the emotional fragility of his mother.
Application of Law to Facts: The Court applied the legal framework to the facts, determining that the humanitarian circumstances warranted a limited extension of bail.
Treatment of Competing Arguments: The Court balanced the humanitarian needs against the Respondent's argument regarding the Petitioner's non-compliance with bail conditions.
Conclusions: The Court concluded that a two-week extension of interim bail was justified on humanitarian grounds, subject to existing bail conditions.

Non-Compliance with Bail Conditions

Relevant Legal Framework and Precedents: Bail conditions are imposed to ensure compliance with legal obligations and prevent misuse of bail privileges.
Court's Interpretation and Reasoning: The Court acknowledged the Respondent's contention that the Petitioner violated bail conditions by failing to report to the police station as required.
Key Evidence and Findings: The Respondent provided evidence from the Visitors' Register indicating the Petitioner's failure to report to the police station on multiple occasions.
Application of Law to Facts: The Court considered the Petitioner's non-compliance but weighed it against the humanitarian grounds presented.
Treatment of Competing Arguments: The Court recognized the Petitioner's argument that the non-compliance was due to the emotional impact of his father's death and the need to manage family affairs.
Conclusions: The Court decided to extend bail despite the non-compliance, emphasizing the importance of humanitarian considerations.

SIGNIFICANT HOLDINGS

Verbatim Quote: "In these prevailing circumstances and on humanitarian grounds coupled with the fact that the Petitioner would be required to carry out post-cremation rituals and to support his Mother emotionally and financially, the interim Bail granted to the Petitioner is hereby extended for a further period of 2 weeks from today."
Core Principles Established: The judgment underscores the principle that humanitarian considerations can justify bail extensions even in the face of non-compliance with bail conditions.
Final Determinations on Each Issue: The Court determined that the Petitioner should be granted a two-week extension of interim bail, subject to the same conditions previously imposed, with the caveat that any further violations could lead to immediate legal action by the Respondent.