PMLA | Grant Of Bail To Person Appearing In Response To Court Summons Can't Be Interfered With In Absence Of 'Supervening Circumstances': Calcutta HC
Live LawThe Calcutta High Court recently ruled that an order of bail issued by Special PMLA Court in respect of accused, who appeared before it pursuant to the summons, is not open to interference until and unless supervening circumstances are brought on record. "Taking into account the provisions of Section 65 of the PMLA, 2002 it can be held that if the learned Special Court intended to exercise its option under Section 88 of the Code of Criminal Procedure the same cannot be interfered with until and unless supervening circumstances are brought on record," said the court, while upholding the grant of 10 accused in a money laundering case. The court passed the judgemention a petition filed by the Enforcement Directorate seeking cancellation of bail of accused Debabrata Halder in a Rs 173-crore bank fraud case. "As the said order dated 04.04.2022 reflected that the learned Special Court did not take into consideration the provisions of PMLA and the order passed was in the nature of an order under Section 437/439 of the Code of Criminal Procedure this Court by its order dated 28th July, 2022 was pleased to issue show cause as to why their bail should not be cancelled and directed them to appear before this Court. While the bench refused to interfere with the order granting bail to the 10 accused persons, it said that the Special Court's order to release Debabrata Halder on bail calls for interference.