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TMI Blog2024 (8) TMI 1411X X X X Extracts X X X X X X X X Extracts X X X X ..... easons as to why such a benefit is to be denied. The learned Single Judge in the present case, while denying the benefit of the proviso to Section 45(1) of the PMLA, comes to a heartening conclusion that the appellant is highly qualified and a well-accomplished person. The learned Single Judge further observed that the appellant has made significant contributions to politics and social work. The learned Single Judge further observed that while deciding her bail application, the Court may appreciate her accomplishment, however, it cannot lose sight of the serious allegations levelled by the prosecution and the evidence collected during the course of the investigation and presented before the Court. The learned Single Judge thereafter proceeds to observe that the present appellant cannot be equated to a vulnerable woman - the learned Single Judge erroneously observed that the proviso to Section 45(1) of the PMLA is applicable only to a vulnerable woman . A perusal of the judgment of this Court in the case of Saumya Chaurasia [ 2023 (12) TMI 685 - SUPREME COURT ] would show that this Court has observed that the Courts need to be more sensitive and sympathetic towards the category of p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the Court not to record the detailed elaborations on the merits of the case. It has been a consistent view of this Court that the Courts should avoid elaborate discussion at the stage of considering application for bail. We would therefore avoid any discussion on the merits of the present case inasmuch as the same may prejudice the rights of either of the parties at the trial. 5. Shri Rohatgi, learned Senior Counsel submits that there is no material on record so as to implicate the appellant herein with the offences charged with. In any case, he submits that insofar as the appeal arising out of SLP(Crl.) No.10778 of 2024 is concerned, the complaint has been filed by the prosecution and insofar as the appeal arising out of SLP(Crl.) No.10785 of 2024 is concerned, the charge-sheet has already been filed. It is submitted that since the investigation is complete, further custody of the appellant would not be required. 6. Shri Rohatgi, relying on the judgment of this Court in the case of Manish Sisodia v. Directorate of Enforcement 2024 SCC OnLine SC 1920 : 2024 INSC 595 , submits that inasmuch as both the said case and the present case arise out of the same set of facts and so in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant herein is not necessary for the purpose of investigation. 11. The appellant has been behind the bars for the last five months. As observed by us in the case of Manish Sisodia (supra), taking into consideration that there are about 493 witnesses to be examined and the documents to be considered are in the range of about 50,000 pages, the likelihood of the trial being concluded in near future is impossible. 12. Relying on the various pronouncements of this Court, we had observed in the case of Manish Sisodia (supra) that the prolonged incarceration before being pronounced guilty of an offence should not be permitted to become punishment without trial. 13. We had also reiterated the well-established principle that bail is the rule and refusal is an exception . We had further observed that the fundamental right of liberty provided under Article 21 of the Constitution is superior to the statutory restrictions. 14. We are further of the view that the proviso to Section 45(1) of the PMLA would entitle a woman for special treatment while her prayer for bail is being considered. 15. The said proviso to Section 45(1) of the PMLA reads thus:- Provided that a person, who, is under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Her educational qualification and the activities, she has enlisted for the betterment of society in the State of Telangana are essentially, one side of herself and is impressive. However, while deciding the present bail applications, though this Court may appreciate these accomplishments, it cannot lose sight of serious allegations levelled by the prosecution and the evidences collected during the course of investigation and presented before this Court, which prima facie reveal her role in the offence in question. 67. Furthermore, as far as benefit of proviso to Section 45 is concerned, when it is the case of applicant herself that she is a well educated and accomplished woman, who has remained Member of Parliament, Member of Legislative Council, etc., this Court is bound to keep in mind the observations of the Hon'ble Apex Court in case of Saumya Chaurasia (supra). The material collected by the Directorate of Enforcement, which has been discussed in the preceding paragraphs has pointed out that the applicant herein was one of the chief conspirators in the entire conspiracy relating to formulation and implementation of new Excise Policy of Delhi. In fact, some other accused p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsons of tender age and women who are likely to be more vulnerable may sometimes be misused by unscrupulous elements and made scapegoats for committing such crime. 25. No doubt that this Court observes that nowadays the educated and well-placed women in the society engage themselves in commercial ventures and enterprises and advertently or inadvertently engage themselves in the illegal activities. The Court therefore puts a caution that the Courts, while deciding such matters, should exercise the discretion judiciously using their prudence. 26. This Court in the case of Saumya Chaurasia (supra), while paraphrasing proviso to Section 45(1) of the PMLA stated in paragraph 23 as follows: 23. .. No doubt the courts need to be more sensitive and sympathetic towards the category of persons included in the first proviso to Section 45 and similar provisions in the other Acts, as the persons of tender age and women who are likely to be more vulnerable, may sometimes be misused by the unscrupulous elements . 27. This Court, in the carefully couched paragraph extracted above used the phrase persons of tender age and woman who are likely to be more vulnerable, may sometimes be misused by the u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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