Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
PMLA - Highlights / Catch Notes

Home Highlights September 2024 Year 2024 This

The High Court allowed the application for regular bail filed ...


Accused granted bail in coal theft case balancing gravity of crime and right to speedy trial after 28 months in custody.

Case Laws     Money Laundering

September 5, 2024

The High Court allowed the application for regular bail filed u/ss 45 and 46 of PMLA read with Section 439 CrPC in a case involving illegal excavation and theft of coal. The Court recognized the gravity of economic offences but balanced it with the accused's right to speedy trial under Article 21. Despite stringent bail conditions u/s 45 PMLA, the Court held that long incarceration of nearly 28 months and no possibility of early trial completion justified granting bail. The Court imposed stringent conditions like personal bond of Rs.5 lakh and sureties to allay apprehensions of flight risk. The investigation was complete, and evidence was documentary, mitigating tampering concerns. The bail application was allowed, subject to conditions.

View Source

 


 

You may also like:

  1. The Delhi High Court considered a bail application in a money laundering case involving a predicate offence. The delay in trial was a key issue. The court emphasized...

  2. Seeking grant of Regular Bail - The case involves a bail application under Section 439 of the CrPC in connection with an FIR registered under the CGST Act. The applicant...

  3. Seeking grant of bail - scheduled offence - The court acknowledged the gravity of the allegations but also highlighted the applicants' right to bail, given the...

  4. Seeking Grant of bail - availment of fraudulent ITC - connection of accused with the offence - Considering the facts and circumstances of the case, gravity of offence,...

  5. The court held that an accused is entitled to a speedy trial, and if the trial gets prolonged, bail cannot be denied solely on the ground of serious charges. The right...

  6. Seeking grant of bail - illicit supply of finished goods, namely perfumery compounds, without issuing any tax invoice and without payment of GST - A prayer for bail is...

  7. The High Court denied bail to the accused, a public servant, in a money laundering case involving bribery for tender allotments. The accused's family members were also...

  8. Grant of Regular Bail - Grant of bail to the Respondent No.2/Accused only on the basis of parity shows that the impugned order passed by the High Court suffers from the...

  9. The court granted regular bail to the accused in a money laundering case involving conspiracy and proceeds of crime. While acknowledging ample evidence linking the...

  10. Grant of Bail - GST evasion - In the instant case, the investigation is at a nascent stage and granting bail to accused at this stage would certainly undermine the...

  11. Seeking grant of Regular bail - Money Laundering - the Delhi High Court granted bail to an applicant involved in a PMLA case, taking into consideration his role as a...

  12. The appellant was granted bail in the Excise Policy case due to prolonged incarceration and denial of the right to speedy trial, despite the seriousness of the...

  13. Seeking grant of bail - creation and operation of 294 fake firms and has evaded a tax - The court noted the serious nature of economic offences and the substantial loss...

  14. Maintainability of writ petition - Money Laundering - The Court evaluated the contention that the applicants had engaged in dilatory tactics. It concluded that the...

  15. Grant of Bail - power to re-arrest if the amount of tax evaded goes up during the investigation - Even if any new case is made out after release of the accused on bail...

 

Quick Updates:Latest Updates