The Court observed that Article 21 of the Constitution ...

Art 21 guarantees personal liberty, bail is norm. But given offence nature, transactions, nexus, ongoing probe, Court invoked PMLA presumption.

Case Laws     Money Laundering

August 2, 2024

The Court observed that Article 21 of the Constitution guarantees the right to personal liberty, and bail is the rule while jail is an exception. However, considering the nature of the offence, multi-layered transactions, and nation-wide nexus, further investigation is ongoing. The Court elucidated factors for deciding bail applications and the need for judicious exercise of discretion. It examined the twin conditions u/s 45 of PMLA and found prima facie sufficient material showing the applicant's involvement in money laundering and connecting the monies to the predicate offence as 'proceeds of crime'. The Court invoked the statutory presumption u/s 24 of PMLA and held that the applicant failed to satisfy the twin conditions for bail u/s 45(1) of PMLA. Regarding medical ailments, the Court noted the applicant did not establish that the ailments cannot be treated in jail or referral hospitals. Consequently, the bail application was dismissed.

View Source