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PMLA - Highlights / Catch Notes

Home Highlights September 2024 Year 2024 This

The court granted regular bail to the applicant charged u/s 120B ...


Money Laundering Case: Bail Granted, Citing Liberty Rights and Completed Probe.

Case Laws     Money Laundering

September 21, 2024

The court granted regular bail to the applicant charged u/s 120B of the IPC and Sections 7/7A/8 of the Prevention of Corruption Act, 1988. The applicant has been cooperative during the investigation, and the investigations against them are complete. Despite the voluminous documents and witnesses involved, the applicant has been in custody since 29.11.2022, while co-accused in similar circumstances have been granted bail. Citing the Supreme Court's observations in Manish Sisodia v. Directorate of Enforcement, the court emphasized that prolonged incarceration before conviction should not become punishment, and the fundamental right to liberty under Article 21 is superior to statutory restrictions. The applicant has deep roots in society, and there is no risk of fleeing. Conditions can be imposed to ensure attendance during trial. Consequently, the court directed the applicant's release on bail subject to fulfilling the imposed conditions.

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