A wave of SC verdicts declaw PMLA’s stringent bail provision
7 months ago

A wave of SC verdicts declaw PMLA’s stringent bail provision

The Hindu  

A wave of Supreme Court judgments has seen the declawing of a stringent bail provision under the Prevention of Money Laundering Act while emphasising that liberty is the rule while jail is an exception. Justice Viswanathan, while granting bail to Jharkhand Chief Minister Hemant Soren’s aide Prem Prakash bail under the PMLA, explained that Section 45 cannot be used to defeat the principle of “bail is the rule”. On August 9, the apex court, while granting bail to former Delhi Deputy Chief Minister Manish Sisodia held that bail cannot be withheld as a form of punishment. Granting bail to Delhi Chief Minister Arvind Kejriwal and 74-year-old NewsClick founder Prabhir Purkayastha in their respective PMLA cases, the apex court highlighted that life and personal liberty were “sacrosanct”.

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History of this topic

DC Edit | Courts must not delay bail cases
Trending News
3 weeks, 3 days ago

DC Edit | Courts must not delay bail cases

Deccan Chronicle  

Article 21 of the Constitution which states that no person shall be deprived of his life or personal liberty except according to procedure established by law is the guarantee of personal liberty against the possible excesses of the state. It has time and again told the courts across the country not to feel cagey about ensuring personal liberty or granting …

Supreme Court adjourns hearing on plea challenging constitutional validity of PMLA Act
3 weeks, 5 days ago

Supreme Court adjourns hearing on plea challenging constitutional validity of PMLA Act

India TV News  

Supreme Court adjourns hearing on plea challenging constitutional validity of PMLA Act The Court was dealing with a review plea filed by Congress MP Karti Chidambaram that challenged a July 2022 judgment of the Supreme Court, which had upheld various provisions of the PMLA. The Supreme Court on Thursday adjourned a hearing on a plea that challenged the constitutional validity …

Legislature Must Relax Rigid Conditions U/S 45 PMLA To Allow Room For Bail Determination On Case-By-Case Basis: Chhattisgarh HC
4 weeks ago

Legislature Must Relax Rigid Conditions U/S 45 PMLA To Allow Room For Bail Determination On Case-By-Case Basis: Chhattisgarh HC

Live Law  

In a significant observation, the Chhattisgarh High Court has said that in the interest of upholding the fundamental rights of the citizens, the legislature must relax the 'rigid' twin conditions under Section 45 of Prevention of Money Laundering Act to provide 'wiggle room' to the courts to determine bail on a more case-to-case basis. Nevertheless, the court should also recognize …

Supreme Court Grants Bail in PMLA Case Citing Trial Delay & Long Custody, Distinguishes Recent Precedent
1 month, 1 week ago

Supreme Court Grants Bail in PMLA Case Citing Trial Delay & Long Custody, Distinguishes Recent Precedent

Live Law  

Citing prolonged incarceration and the likelihood of delay in the completion of the trial, the Supreme Court recently granted bail to the accused in a money laundering case. In this context, the judgment authored by Justice Oka relied on the cases of Union of India v. K.A.Najeeb and V. Senthil Balaji v. Deputy Director, Directorate of Enforcement, where the Court …

There's An Element Of Truth In Allegation That Courts Aren't Granting Bail In Deserving Cases : Justice Abhay S Oka
1 month, 2 weeks ago

There's An Element Of Truth In Allegation That Courts Aren't Granting Bail In Deserving Cases : Justice Abhay S Oka

Live Law  

Justice Abhay Oka, Judge of the Supreme Court, said that there was an element of truth in the public criticism that the Courts are not granting bail to deserving persons. "Even in cases of PMLA and UAPA it must apply with some modifications," Justice Oka said On Media trial and Social media trial A judge cannot take any decision based …

Money Laundering Serious Offence, Courts Can't Grant Bail Casually Without Considering S.45 PMLA Conditions : Supreme Court
1 month, 2 weeks ago

Money Laundering Serious Offence, Courts Can't Grant Bail Casually Without Considering S.45 PMLA Conditions : Supreme Court

Live Law  

The Supreme Court today set aside the bail granted to the individual accused of committing money laundering after noting that the High Court failed to satisfy the twin conditions stipulated under Section 45 of the Prevention of Money Laundering Act, 2002.The Court reiterated that the conditions enumerated in Section 45 will have to be complied with even in respect. The …

Supreme Court cancels bail granted to an accused in ED case
1 month, 2 weeks ago

Supreme Court cancels bail granted to an accused in ED case

The Hindu  

The Supreme Court on Thursday cancelled the bail granted to an accused in a sand mining case being investigated by the Enforcement Directorate and directed him to surrender before the special court concerned within one week. Therefore, the burden to proof that proceeds of crime are not involved in money laundering would lie on the person charged with the offence,” …

Continued Detention With No Possibility Of Trial Concluding In Near Future 'Unjust': Allahabad HC Grants Bail To Murder-Accused In Jail Since 2017
2 months ago

Continued Detention With No Possibility Of Trial Concluding In Near Future 'Unjust': Allahabad HC Grants Bail To Murder-Accused In Jail Since 2017

Live Law  

While granting bail to a man accused of murder, the Allahabad High Court observed that it was regrettable that the applicant was kept in prison for more than 7 years without the trail ending anytime soon. Justice Krishan Pahal held, “Keeping the applicant in custody under these circumstances, when there is no realistic possibility of the trial being concluded in …

'Not A Minor Offence, Part Of Crime Syndicate': Delhi HC Denies Bail To PMLA Accused Booked For Supplying Spurious Anti-Cancer Medicines
2 months ago

'Not A Minor Offence, Part Of Crime Syndicate': Delhi HC Denies Bail To PMLA Accused Booked For Supplying Spurious Anti-Cancer Medicines

Live Law  

The Delhi High Court has recently denied bail to an accused/applicant booked under the Prevention of Money Laundering Act, 2002 for his alleged involvement in the illegal procurement of empty vials and raw materials of anti-cancer drugs. The Court noted that the applicant cannot claim the benefit of the monetary threshold exemption under the proviso to Section 45 of the …

Delhi court gives bail to MCOCA accused, says twin riders for relief fulfilled
2 months, 1 week ago

Delhi court gives bail to MCOCA accused, says twin riders for relief fulfilled

Hindustan Times  

New Delhi, A Delhi court has granted bail to a man charged under Maharashtra Control of Organised Crime Act for allegedly being part of a notorious gang, saying he fulfilled the twin conditions for the relief. Delhi court gives bail to MCOCA accused, says twin riders for relief fulfilled According to provisions of the MCOCA, bail can only be granted …

SC raps govt, ED for efforts to deny bail in PMLA cases
2 months, 2 weeks ago

SC raps govt, ED for efforts to deny bail in PMLA cases

Hindustan Times  

The Supreme Court on Wednesday rebuked the Union government and the Enforcement Directorate, condemning their “consistent efforts” to deny bail and prolong incarceration under the Prevention of Money Laundering Act “by hook or by crook”. A bench of justices Abhay S Oka and Ujjal Bhuyan termed such an approach “unacceptable” and underscored that the Union’s submissions in court, which went …

J&K High Court Denies Bail In Rape & Suicide Case, Cautions Against Granting Bail In Heinous Offences Immediately Post Framing Of Charges
2 months, 2 weeks ago

J&K High Court Denies Bail In Rape & Suicide Case, Cautions Against Granting Bail In Heinous Offences Immediately Post Framing Of Charges

Live Law  

Stressing that bail should not ordinarily be granted in heinous offences like rape or murder once the trial begins, the Jammu and Kashmir and Ladakh High Court refused bail to the accused in a case of rape and abetment to suicide. It has been further held that it is only in the event if the trial gets unduly delayed and …

Satara medical admissions scam: PMLA court refuses bail to education society head
3 months ago

Satara medical admissions scam: PMLA court refuses bail to education society head

Hindustan Times  

MUMBAI: A special Prevention of Money Laundering Act court on Thursday rejected the bail plea filed by Mahadev Deshmukh, the president of Shri Chhatrapati Shivaji Education Society in Satara, who was arrested by the Enforcement Directorate for allegedly cheating several students to the tune of ₹65.7 crore. Satara medical admissions scam: PMLA court refuses bail to education society head While …

'Contrary To Statute' : Supreme Court Pulls Up ED For Arguing That Stringent PMLA Bail Rigours Will Apply To Women
3 months, 1 week ago

'Contrary To Statute' : Supreme Court Pulls Up ED For Arguing That Stringent PMLA Bail Rigours Will Apply To Women

Live Law  

The Supreme Court on Thursday pulled up the counsel representing the Enforcement Directorate for contending that rigorous bail conditions under the Prevention of Money Laundering Act will apply to women. “If submissions are going to be made by Union of India contrary to express statute, we will ask Attorney General to come.We will not countenance such submissions from the Union …

Speedy trial takes precedence over anti-terror law provisions: SC
3 months, 2 weeks ago

Speedy trial takes precedence over anti-terror law provisions: SC

Hindustan Times  

New Delhi The Supreme Court on Tuesday ruled that the constitutional right to a speedy trial would have precedence over the stringent provisions of laws such as the Unlawful Activities Act, emphasising that courts cannot let individuals languish in jail indefinitely. A bench of justices Abhay S Oka and AG Masih held that prolonged incarceration without trial constitutes a violation …

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court
3 months, 2 weeks ago

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court

Live Law  

Affirming the importance of victim participation in criminal proceedings, the Supreme Court recently canceled the bail granted to a person accused of serious offences where the bail proceedings were conducted in the absence of the victim. The bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma heard the criminal appeal filed by a victim against the Allahabad High Court's …

SC grants bail to two in Waqf Board money laundering case
3 months, 2 weeks ago

SC grants bail to two in Waqf Board money laundering case

New Indian Express  

NEW DELHI: The Supreme Court on Wednesday in it order granted bail to two men arrested in connection with the Delhi Waqf Board money laundering case. While grating bail to accused -- Zeeshan Haider and Daud Nasir, a two-judge bench of the apex court, led by Justice Abhay S Oka and Justice Augustine George Masih observed that the duo were …

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC
3 months, 3 weeks ago

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC

Live Law  

The Calcutta High Court has granted bail to a man being investigated by the Enforcement Directorate under the PMLA for allegedly running a fake call centre and promising services to victims in exchange for money, which were never delivered. Seeking release of the petitioner on bail, learned counsel for the petitioner submitted that by virtue of a leave and licence …

Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court
3 months, 4 weeks ago

Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court

Live Law  

The Supreme Court has observed that in serious offences like murder, rape, dacoity etc., bail applications of the accused should not be ordinarily entertained by the Trial Courts and the High Courts. "Ordinarily in serious offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court be it the Trial Court or …

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents
3 months, 4 weeks ago

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents

Live Law  

The Allahabad High Court recently cancelled anticipatory bail granted to an advocate in an extortion case, noting that he had not mentioned the factum of previous criminal antecedents before the trial court, which granted him the relief. It was his case that the accused had approached the Sessions Court by concealing the factum of criminal antecedents of two previous cases, …

Fix time for completion of trials, but denying bail no solution, SC tells HCs
4 months ago

Fix time for completion of trials, but denying bail no solution, SC tells HCs

New Indian Express  

NEW DELHI: The Supreme Court has expressed strong displeasure after discovering that High Courts have been denying bail to people incarcerated for long periods. A two-judge bench of Justices Abhay S. Oka and Augustine George Masih observed, “Every day we notice that in several orders passed by different High Courts while rejecting the bail applications, in a routine manner, the …

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
4 months ago

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials

Live Law  

The Supreme Court on Monday granted bail to a man accused of counterfeiting currency who had been incarcerated for two years and six months invoking the principle that “bail is the rule and jail is the exception.” “Appellant has undergone incarceration for a period of two and a half years. After rejecting the prayer for bail the courts cannot provide …

Money Laundering Accused Can't Be Equated With Murder, Rape Accused: Delhi High Court While Granting Bail In PMLA Case
4 months, 1 week ago

Money Laundering Accused Can't Be Equated With Murder, Rape Accused: Delhi High Court While Granting Bail In PMLA Case

Live Law  

The Delhi High Court on Wednesday remarked that an accused in a money laundering case cannot be equated with those punishable with death, life imprisonment, ten years or more like offences such as murder, rape or dacoity.Justice Manoj Kumar Ohri said that it is pertinent to keep in mind while dealing with the cases under the PMLA that except in …

Disposing bails, money laundering cases: A look at DY Chandrachud's tenure as Chief Justice
4 months, 3 weeks ago

Disposing bails, money laundering cases: A look at DY Chandrachud's tenure as Chief Justice

India Today  

Outgoing Chief Justice of India DY Chandrachud's tenure from November 2022 to November 2024 has left a distinct imprint on the judiciary. His term saw a concentrated focus on issues of personal liberty, disposal of long-pending constitutional cases, and tackling economic offences, particularly under the Prevention of Money Laundering Act. The Supreme Court, during DY Chandrachud's tenure as Chief Justice, …

Money laundering: Four get bail after 1K days in jail
4 months, 3 weeks ago

Money laundering: Four get bail after 1K days in jail

New Indian Express  

CHENNAI: Four men facing trial in a money-laundering case arising out of an alleged Rs 1,137 crore cheating case were given bail by a CBI court in Chennai as they had faced incarceration for more than 1,000 days. In the October 29 order, principal judge for CBI cases T Malarvalantina cited the provision of Section 479 of BNSS which entitles …

SC Rejects Restrictive Bail Conditions, Emphasizing Importance of Proportionality and Fairness
5 months ago

SC Rejects Restrictive Bail Conditions, Emphasizing Importance of Proportionality and Fairness

Hindustan Times  

The Supreme Court has reaffirmed that bail conditions should be proportionate, reasonable and directly linked to ensuring judicial proceedings rather than trampling upon an individual’s civil liberties. According to the top court, any conditions imposed should be directly tied to facilitating justice, securing the accused’s presence, and preventing any misuse of freedom to interfere with the case or obstruct justice.

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
5 months, 1 week ago

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant

Live Law  

The Allahabad High Court has ruled that there is no 'absolute prohibition' against considering an application for anticipatory bail filed by an accused facing an arrest warrant or proclamation under Section 82 CrPC. The court is empowered to consider the merits of the case in extremely exceptional cases in the interest of justice.

Court Rules in Favor of Jain, Striking Down PMLA Conditions
5 months, 1 week ago

Court Rules in Favor of Jain, Striking Down PMLA Conditions

The Hindu  

A Delhi court has granted bail to Aam Aadmi Party (AAP) leader and former Health Minister Satyendar Jain on Friday. The relief granted under Article 21 (right to life and personal liberty) of the Constitution is superior to the twin conditions under Section 45 of the Prevention of Money Laundering Act (PMLA). The court said that the arguments advanced by …

Requirement Of Expeditious Trial Must Be Read Into Special Statutes Imposing Stringent Bail Provisions : Supreme Court
6 months ago

Requirement Of Expeditious Trial Must Be Read Into Special Statutes Imposing Stringent Bail Provisions : Supreme Court

Live Law  

The Supreme Court while granting bail to former Tamil Nadu Minister Senthil Balaji, held that higher thresholds for granting bail in stringent penal statutes like the PMLA, UAPA, and NDPS Act cannot be a tool to keep an accused incarcerated without trial. I t is a well settled principle of our criminal jurisprudence that “bail is the rule, and jail …

Judge unavailable, Supreme Court shifts PMLA review for back-to-back hearings on October 16-17
6 months, 2 weeks ago

Judge unavailable, Supreme Court shifts PMLA review for back-to-back hearings on October 16-17

The Hindu  

A Special Bench of the Supreme Court headed by Justice Surya Kant on Wednesday scheduled back-to-back hearings on October 16 and October 17 to review a two-year-old judgment which gave unbridled powers to the Directorate of Enforcement to arrest and summon individuals and raid private property under the Prevention of Money Laundering Act. The petitioners have alleged that the apex …

Bail rule, jail exception even in PMLA cases, stresses SC
7 months ago

Bail rule, jail exception even in PMLA cases, stresses SC

Hindustan Times  

The Supreme Court on Wednesday ruled that the principle “bail is the rule, and jail is the exception” applies even in cases under the stringent Prevention of Money Laundering Act, in a decision that seeks to safeguard against the erosion of liberty by overly restrictive interpretations of bail provisions under the harsh law that requires the proof of innocence, and …

K Kavitha’s bail: What is PMLA’s bail concession for women?
7 months ago

K Kavitha’s bail: What is PMLA’s bail concession for women?

The Hindu  

The Supreme Court on Tuesday granted bail to Bharat Rashtra Samithi leader K Kavitha in graft and money laundering cases registered by the Central Bureau of Investigation and Enforcement Directorate respectively in connection with the alleged Delhi excise policy scam. On July 1, the Delhi High Court dismissed the bail plea of the BRS leader noting that she was “well-educated” …

'Bail Is Rule, Jail Exception': Supreme Court On Money Laundering Cases
7 months ago

'Bail Is Rule, Jail Exception': Supreme Court On Money Laundering Cases

News 18  

The general principle of law is that the ‘bail is rule and jail is exception’, the Supreme Court observed on Wednesday, adding, that the rule applies even to money laundering cases under the Prevention of Money Laundering Act. The court’s remark came while a bench of Justices BR Gavai and KV Viswanathan was hearing a case involving one Prem Prakash, …

Bail always the norm, even in money laundering cases: SC
7 months ago

Bail always the norm, even in money laundering cases: SC

The Hindu  

The Supreme Court on Wednesday held that bail is the rule and jail is an exception even in money laundering cases. The judgment, authored by Justice Viswanathan, granted relief to Jharkhand Chief Minister Hemant Soren’s aide, Prem Prakash, in an illegal mining-related case registered by the Enforcement Directorate. The court held that Section 45 of the Prevention of Money Laundering …

If Accused Given Bail In Multiple Cases Is Unable To Find Sureties, Condition Of Multiple Sureties Be Balanced With Article 21 : Supreme Court
7 months, 1 week ago

If Accused Given Bail In Multiple Cases Is Unable To Find Sureties, Condition Of Multiple Sureties Be Balanced With Article 21 : Supreme Court

Live Law  

The Supreme Court today held that if an accused, involved in multiple cases, is enlarged on bail and is unable to find multiple sureties, the court must balance the requirement of sureties with his right to personal liberty guaranteed under Article 21. In this case, the court found that the petitioner, despite securing bail in 13 cases registered across various …

Senthil Balaji's Bail Plea In PMLA Case | Either Have Trial Of All Predicate Offences Or Exclude Any : Supreme Court To ED While Reserving Judgment
7 months, 1 week ago

Senthil Balaji's Bail Plea In PMLA Case | Either Have Trial Of All Predicate Offences Or Exclude Any : Supreme Court To ED While Reserving Judgment

Live Law  

The Supreme Court on Tuesday observed that the ED must either rely on a complete trial of all three predicate offences against Senthil Balaji in the money laundering case against him or decide to let go of some cases as predicate offence. A bench of Justice Abhay Oka and Justice Augustine George Masih had earlier raised the question of whether …

‘Bail Is Rule’ for Offences Even Under Special Statutes: SC
7 months, 2 weeks ago

‘Bail Is Rule’ for Offences Even Under Special Statutes: SC

Deccan Chronicle  

New Delhi: The legal principle 'Bail is the rule, jail is an exception' is applicable to offences even under special statutes like the Unlawful Activities Act, the Supreme Court on Tuesday ruled while granting bail to a man accused under the stringent anti-terror law. A bench of justices Abhay S Oka and Augustine George Masih said if courts start denying …

'Bail is rule' for offences even under special statutes like UAPA: Supreme Court
7 months, 2 weeks ago

'Bail is rule' for offences even under special statutes like UAPA: Supreme Court

The Hindu  

The legal principle 'Bail is rule, jail is an exception' is applicable to offences even under special statutes like the Unlawful Activities Act, the Supreme Court on Tuesday ruled while granting bail to a man accused under the stringent anti-terror law. A Bench of justices Abhay S. Oka and Augustine George Masih said if courts start denying bail in deserving …

Supreme Court on Senthil Balaji’s plea: SC reserves verdict on plea for bail, debates if Sisodia judgment will apply
7 months, 2 weeks ago

Supreme Court on Senthil Balaji’s plea: SC reserves verdict on plea for bail, debates if Sisodia judgment will apply

The Hindu  

The Directorate of Enforcement on Monday said factors such as delayed and prolonged jail time, which favoured former Delhi Deputy Chief Minister Manish Sisodia’s case for bail in the excise policy case, are not applicable to former Tamil Nadu Minister V. Senthilbalaji, who is seeking bail in a money laundering case linked to the cash-for-jobs scam. On Monday, the Bench …

Ruling on Sisodia calls for judicial reforms in bail process
7 months, 3 weeks ago

Ruling on Sisodia calls for judicial reforms in bail process

Hindustan Times  

New Delhi The Supreme Court verdict granting bail to former Delhi deputy chief minister Manish Sisodia in connection with the Delhi excise policy case marks a critical precedent, particularly in high-profile cases where gravity of charges and prolonged incarceration has been used as tools to deny individuals their right to liberty. The court observed that in many instances, both trial …

Supreme Court verdict on Manish Sisodia revives ‘bail, not jail, is the rule’ adage
7 months, 3 weeks ago

Supreme Court verdict on Manish Sisodia revives ‘bail, not jail, is the rule’ adage

The Hindu  

The Supreme Court judgment granting bail to former Deputy Chief Minister of Delhi, Manish Sisodia, revived a well-settled but endangered principle that ‘jail and not bail is the exception’, even in economic offence cases. Viswanathan did not mince words while saying that High Courts and trial courts nowadays prefer to “play safe” and deny bail even if the case is …

CJI Chandrachud Urges Trial Courts to Grant Bail Judiciously
8 months ago

CJI Chandrachud Urges Trial Courts to Grant Bail Judiciously

Deccan Chronicle  

Bengaluru: Chief Justice of India D Y Chandrachud on Sunday said the trial judges prefer playing safe by not granting bail on important issues of crime when it is looked at with a degree of suspicion. "People who should be getting bail in the trial courts and not getting it there, as a result of which, they have to invariably …

Bail reforms: What are bail conditions and how do they affect the accused person's rights?
8 months, 2 weeks ago

Bail reforms: What are bail conditions and how do they affect the accused person's rights?

Hindustan Times  

A Nigerian foreign national facing trial under sections of the NDPS Act, punishable with seven years or more, was granted conditional bail after spending eight years in prison from 2014 to 2022. These provisions empower courts to deem an accused 'indigent' if they fail to meet bail conditions within seven days of their grant, thereby enabling the court to reconsider …

Evidence may be tampered if Kejriwal given bail: ED
9 months, 3 weeks ago

Evidence may be tampered if Kejriwal given bail: ED

Hindustan Times  

The Enforcement Directorate has raised concerns that crucial evidence might be destroyed if Delhi chief minister Arvind Kejriwal is granted bail in the Delhi excise policy case, as the agency opposed Kejriwal’s regular bail application before the Delhi Rouse Avenue court. ED emphasised that ample evidence links Kejriwal to the offence of money laundering, and his release on bail could …

Supreme Court Grants Interim Bail To PMLA Accused As Chargesheet Dropped Scheduled Offence
10 months, 2 weeks ago

Supreme Court Grants Interim Bail To PMLA Accused As Chargesheet Dropped Scheduled Offence

Live Law  

The Supreme Court on Friday granted interim bail to a man who was arrested by the Enforcement Directorate after noting that there is no scheduled offence as per the Prevention of Money Laundering Act, 2002 against him in the chargesheet filed in the predicate case.The Court noted that the proceedings under the PMLA can be initiated only if offences mentioned …

PMLA | Are Sec.45 Bail Conditions Applicable To Accused Who Appears Before Court As Per Summons? Supreme Court Reserves Judgment
11 months ago

PMLA | Are Sec.45 Bail Conditions Applicable To Accused Who Appears Before Court As Per Summons? Supreme Court Reserves Judgment

Live Law  

The Supreme Court on Tuesday reserved the Judgment on the issue whether an accused in a money laundering case is required to fulfil the twin conditions for bail under Section 45 of the Prevention of Money Laundering Act when he executes a bond for appearance before the Special Court in pursuance of a summons issued to him.The Bench comprising Justices …

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court
11 months ago

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court

Live Law  

While denying bail to a man accused of murdering a person belonging to the marginalized community, the Madras High Court has stressed that while considering bail applications in connection with offenses under the SC/ST Act, the courts should refrain from granting bail merely based on period of detention. Selvakumar argued that the Special Court had granted bail to the co-accused …

[S. 45 PMLA] Twin Conditions For Bail Not Required To Be Fulfilled When Release In Police Custody Ordered: Punjab & Haryana High Court
1 year ago

[S. 45 PMLA] Twin Conditions For Bail Not Required To Be Fulfilled When Release In Police Custody Ordered: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court made it clear that the twin condition under Section 45 of the Prevention of Money Laundering Act, is not required to be complied with when the Court has ordered release in police custody.According to Section 45 of the PMLA, bail can be granted to an accused in a money laundering case only if twin …

No bail for Senthilbalaji, Madras High Court dismisses his plea
1 year, 1 month ago

No bail for Senthilbalaji, Madras High Court dismisses his plea

The Hindu  

The Madras High Court on Wednesday, February 28, 2024, refused to grant bail to former Tamil Nadu Minister V. Senthilbalaji in a money laundering case, in which he was arrested by the Directorate of Enforcement on June 14 last year, after observing that he continues to wield a lot of influence on the State government. Justice N. Anand Venkatesh dismissed …

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