PMLA: HC allows bail to an applicant who had specifically taken defence that he was trapped in an organized crime
FEMA, BANKING & INSURANCE : Where applicant had been arrested in complaint case filed by ED under sections 3 and 4 of PMLA, considering fact that applicant had taken a specific defence that he had been trapped in such organized crime and that trial was likely to take considerable time, applicant was to be released on bail.
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HIGH COURT OF CHHATTISGARH
Dhiraj Sao
v.
Enforcement Directorate Government of India
DEEPAK KUMAR TIWARI, J.
MCRC NO. 7468 OF 2022
SEPTEMBER 30, 2022
Section 45, read with sections 3 and 4, of the Prevention of Money Laundering Act, 2002 – Offences to be cognizable and non-bailable – Applicant filed application for grant of bail in connection with his arrest in complaint case filed by Enforcement Directorate under sections 3 and 4 alleging that applicant was in receipt of proceeds of crime from one Pakistani National for carrying out different criminal activities and deposited same in bank account of other co-accused and applicant had received commission – This was 2nd bail application on behalf of applicant – Earlier bail application had been dismissed as withdrawn – It was found that applicant was in custody for more than 2½ years and investigation in respect of other offences commenced after knowledge of registration of schedule offence in 2013 – Thus, investigation started belatedly and complaint was filed after more than 5 years, and that schedule offence had been finished and till so far Special Court had not framed charges under PMLA – For schedule offence, applicant had been in jail for more than 8 years and was granted bail under section 389 of CrPC – Whether considering fact that applicant had taken a specific defence that he had been trapped in such organized crime and further considering statement given by applicant under section 50 of PMLA Act and that trial was likely to take considerable time, applicant was to be released on bail – Held, yes [Para 7]
CASE REVIEW
Alok Kumar Agrawal v. Directorate of Enforcement 2021 SCC Online SC 556 (para 7) followed.
CASES REFERRED TO
Bhunesh v. State of Haryana 2022 Live Law (PH) 151 (para 5), Y.S. Jagan Mohan Reddy v. Central Bureau of Investigation [2013] 7 SCC 439 (para 5) and Alok Kumar Agrawal v. Directorate of Enforcement 2021 SCC Online SC 556 (para 7).
B.P. Singh and Anil S. Pandey, Advs. for the Applicant.
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