[S. 45 PMLA] Twin Conditions For Bail Not Required To Be Fulfilled When Release In Police Custody Ordered: Punjab & Haryana High Court
8 months, 4 weeks 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 conditions are satisfied - there should be prima. 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. Justice Anoop Chitkara said, "The condition would have applied only when the Court had released the petitioner on bail, whereas the Court never released him on interim bail but made arrangements to take him out of prison in police custody to file a proper response to the notice issued under Section 8 of PMLA 2002." Thus, the twin conditions of Section 45 of the Prevention of Money Laundering Act, 2002 neither attract nor are required to be complied with while passing an order for release in police custody.

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History of this topic

SC grants bail to two in Waqf Board money laundering case
1 week, 4 days 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
2 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 …

Popular Front of India's Delhi chief gets bail in money laundering case
2 weeks, 5 days ago

Popular Front of India's Delhi chief gets bail in money laundering case

India Today  

The Delhi High Court on Wednesday granted bail to three members of the Popular Front of India, including the banned organisation's Delhi chief, in connection to a money laundering case. The three PFI members -- Parvez Ahmed, the group's chief in Delhi, General Secretary Mohammad Ilyas and Abdul Muqeet -- were granted bail on a personal bond of Rs 50,000 …

'Pains Judicial Conscience': P&H High Court Seeks Explanation From Magistrate Who Issued Release Warrant Without Compliance Of Bail Condition
3 weeks, 5 days ago

'Pains Judicial Conscience': P&H High Court Seeks Explanation From Magistrate Who Issued Release Warrant Without Compliance Of Bail Condition

Live Law  

Observing that the judicial conscience of the Court is shocked about the manner in which the release warrant was issued by a Judicial Magistrate, the Punjab & Haryana High Court has sought explanation from the judge.The Court found that the JMIC of Ambala issued a release warrant for an accused in a cheating case without compliance of the pre-condition of …

Delhi HC grants bail to Lava MD Hari Om Rai in money laundering case
Trending News
1 month ago

Delhi HC grants bail to Lava MD Hari Om Rai in money laundering case

Hindustan Times  

NEW DELHI: The Delhi high court on Wednesday granted bail to Hari Om Rai, co-founder and managing director of Lava International in a money laundering case involving smartphone maker Vivo. Justice Manoj Kumar Ohri granted regular bail to Hari Om Rai who was arrested in October 2023 i a PMLA case by the Enforcement Directorate. Justice Manoj Kumar Ohri ordered …

Custody Needed To Unravel Corruption Racket In Jail: P&H HC Denies Pre-Arrest Bail To Official Booked For Supplying Mobile Phones To Gangsters
1 month ago

Custody Needed To Unravel Corruption Racket In Jail: P&H HC Denies Pre-Arrest Bail To Official Booked For Supplying Mobile Phones To Gangsters

Live Law  

The Punjab & Haryana High Court has refused to grant anticipatory bail to a Jail Superintendent accused of collecting bribe from gangsters to supply them mobile phones inside the Haryana's Kurukshetra prison and allowed visits of hard core criminal without entry in register. The Court rejected the plea that investigation against the Jail Superintendent was lodged without following the provision …

Money laundering: Four get bail after 1K days in jail
1 month, 2 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 …

After Kejriwal, Supreme Court Grants Interim Bail To Another PMLA Accused For Contesting Elections; Clarifies Order Not To Be Treated As Precedent
1 month, 2 weeks ago

After Kejriwal, Supreme Court Grants Interim Bail To Another PMLA Accused For Contesting Elections; Clarifies Order Not To Be Treated As Precedent

Live Law  

After granting similar relief in Arvind Kejriwal's case, the Supreme Court today granted interim bail to one Subhash Prasad Yadav - accused in a money laundering case - for the purpose of contesting Jharkhand Assembly elections. A bench of Justices Surya Kant and Ujjal Bhuyan passed the order in Yadav's challenge to a Patna High Court order. Apparently, Yadav filed …

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC
1 month, 2 weeks ago

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that once the first anticipatory bail has been denied on merits and without there being change in the facts of the situation, the second application for the same relief under Section 482 BNSS cannot be entertained by making new arguments or twist by introducing new circumstances, development or material.Justice Kirti …

High Court Rejects Plea to Grant Bail to Satyendar Jain's Aides in Money Laundering Case
1 month, 3 weeks ago

High Court Rejects Plea to Grant Bail to Satyendar Jain's Aides in Money Laundering Case

Hindustan Times  

Delhi high court grants bail to two aides of Satyendar Jain in the money laundering case. The court finds that the stringent Prevention of Money Laundering Act (PMLA), which imposes restrictions on bail, is not to be used as a 'tool for incarceration' and that the trial would not conclude in a reasonable time.

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
2 months 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
2 months 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 …

PMLA case:Former Punjab minister Ashu forced to withdraw bail plea due to lawyers’ goof up
2 months, 4 weeks ago

PMLA case:Former Punjab minister Ashu forced to withdraw bail plea due to lawyers’ goof up

Hindustan Times  

Jalandhar: Former Punjab minister Bharat Bhushan Ashu, who was arrested by Enforcement Directorate in a food grain transportation scam, was left red-faced as he had to withdraw his bail petition after his team of lawyers inadvertently impleaded the state of Punjab as the respondent instead of the central agency. Former Punjab minister Bharat Bhushan Ashu was arrested by the Enforcement …

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains
3 months, 2 weeks ago

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains

Live Law  

The Punjab & Haryana High Court has observed that for a successive anticipatory bail petition to succeed under the BNSS, the petitioner is required to show substantial change in circumstances and "a mere superficial or ostensible change would not suffice. The Punjab & Haryana High Court has observed that for a successive anticipatory bail petition to succeed under the BNSS, …

Arvind Kejriwal's Bail : Live Updates From Supreme Court
3 months, 2 weeks ago

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's bail plea in the CBI case related to the liquor policy case.A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matterKejriwal was earlier granted interim bail by the Supreme Court in the case registered by the Enforcement Directorate under the Prevention of Money Laundering Act in …

Arvind Kejriwal's Bail : Live Updates From Supreme Court
3 months, 2 weeks ago

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's bail plea in the CBI case related to the liquor policy case.A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matterKejriwal was earlier granted interim bail by the Supreme Court in the case registered by the Enforcement Directorate under the Prevention of Money Laundering Act in …

Arvind Kejriwal's Bail : Live Updates From Supreme Court
3 months, 2 weeks ago

Arvind Kejriwal's Bail : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's bail plea in the CBI case related to the liquor policy case.A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matterKejriwal was earlier granted interim bail by the Supreme Court in the case registered by the Enforcement Directorate under the Prevention of Money Laundering Act in …

A wave of SC verdicts declaw PMLA’s stringent bail provision
3 months, 3 weeks 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 …

K Kavitha’s bail: What is PMLA’s bail concession for women?
3 months, 3 weeks 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
3 months, 3 weeks 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
3 months, 3 weeks 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 …

Right To Bail Should Be Read Into S.45 PMLA When Accused Has Spent Long Time In Custody & There's Delay In Trial : Supreme Court
4 months, 1 week ago

Right To Bail Should Be Read Into S.45 PMLA When Accused Has Spent Long Time In Custody & There's Delay In Trial : Supreme Court

Live Law  

While allowing the bail plea of former Delhi Deputy Chief Minister Manish Sisodia in relation to the liquor policy case, the Supreme Court recently observed that in cases where there has been a delay in trial and the accused has spent a long period in custody, right to bail shall be read into Section 439 CrPC and Section 45 of …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
4 months, 3 weeks ago

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence

The Quint  

“If courts ‘cave in’ when great rights are gouged within the sound-proof, sight-proof precincts of prison houses, where, often, dissenters and minorities are caged, Bastilles will be re-enacted. Therefore we affirm that imprisonment does not spell farewell to fundamental rights although, by a realistic re-appraisal, courts will refuse to recognise the full panoply of Part III enjoyed by a free …

ED uses Arvind Kejriwal case to push for stringent checks on grant of interim bail
6 months, 3 weeks ago

ED uses Arvind Kejriwal case to push for stringent checks on grant of interim bail

The Hindu  

The Directorate of Enforcement has used Delhi Chief Minister Arvind Kejriwal’s plea for liberty to pitch hard for stringent checks and balances on the grant of interim medical bail to accused facing money laundering charges, saying only a case of intolerable grief and suffering should justify temporary release. Mr. Kejriwal surrendered before Tihar Jail authorities on June 2, 22 days …

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

Supreme Court limits ED’s power to arrest PMLA accused
7 months, 1 week ago

Supreme Court limits ED’s power to arrest PMLA accused

The Hindu  

The Supreme Court on Thursday gave a fillip to the right to personal liberty by holding that a person summoned by a designated special court under the Prevention of Money Laundering Act, is presumed to be not in custody and need not apply for bail under the draconian conditions posed by the anti-money laundering law. “If the accused appears before …

In Pre-Arrest Bail Plea, Court Can Ask Police To Intimate Intention To Not Arrest Accused So That Liberty Is Not "Tricked" Later: P&H High Court
7 months, 2 weeks ago

In Pre-Arrest Bail Plea, Court Can Ask Police To Intimate Intention To Not Arrest Accused So That Liberty Is Not "Tricked" Later: P&H High Court

Live Law  

Dealing with a "unique prayer" seeking fifteen days' advance notice in case the investigator proposes to arrest the accused in a corruption case, the Punjab & Haryana High Court said that if a pre-arrest bail plea is filed and investigators take a stand that they do not intend to arrest, then the Court can direct them to inform the accused …

PMLA | Are Sec.45 Bail Conditions Applicable To Accused Who Appears Before Court As Per Summons? Supreme Court Reserves Judgment
7 months, 3 weeks 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 …

S.45 PMLA Doesn't Bar Power Of Court To Grant Bail If There's Delay In Trial : Justice Sanjiv Khanna
9 months ago

S.45 PMLA Doesn't Bar Power Of Court To Grant Bail If There's Delay In Trial : Justice Sanjiv Khanna

Live Law  

Supreme Court judge Justice Sanjiv Khanna on Wednesday orally observed that Section 45 of the Prevention of Money Laundering Act does not bar a Court from granting bail to an accused if there is prolonged incarceration and delay in trial.According to Section 45 of the PMLA, bail can be granted to an accused in a money laundering case only if …

Justice Ramkumar Reviews India's Latest Criminal Justice Law
9 months, 1 week ago

Justice Ramkumar Reviews India's Latest Criminal Justice Law

Live Law  

My comments: - This again is a welcome provision provided it is effective and foolproof. Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given— orally, it shall be reduced to …

No bail for Senthilbalaji, Madras High Court dismisses his plea
9 months, 3 weeks 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 …

Supreme Court Annual Digest 2023- Prevention of Money Laundering Act (PMLA), 2002
10 months, 3 weeks ago

Supreme Court Annual Digest 2023- Prevention of Money Laundering Act (PMLA), 2002

Live Law  

Prevention of Money Laundering Act – Section 3 – Registration of ECIR – Effect of delay – Information about all complaints, the nature of the complaints, and the amount of money allegedly collected towards illegal gratification had all come into the public domain – Once a piece of information relating to the acquisition of a huge amount of illegal gratification …

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC
1 year ago

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC

Live Law  

Rajasthan High Court has recently allowed a third bail application under S.439 CrPC filed by a person accused of providing confidential military information to Pakistan, after elaborately discussing the application of Sections 437 and Section 436A CrPC. Section 437 CrPC stipulates that when the trial for a non-bailable offence before the Magistrate is not concluded within 60 days from the …

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case
1 year ago

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case

Live Law  

The Punjab & Haryana High Court has observed that in cheating cases where bail is sought by the accused, the Court cannot impose a condition to deposit the allegedly misappropriated amount before granting bail. Acknowledging the ruling of the Supreme Court in Dilip Singh v. State of Madhya Pradesh and another Justice Suvir Sehgal granted interim bail and said, "no …

"Paramount To Protect Drug Detection Squad", Punjab & Haryana High Court Directs NDPS Accused To Surrender All Weapons As Pre-Condition To Bail
1 year, 1 month ago

"Paramount To Protect Drug Detection Squad", Punjab & Haryana High Court Directs NDPS Accused To Surrender All Weapons As Pre-Condition To Bail

Live Law  

The Punjab & Haryana High Court has directed an accused person under NDPS Act to surrender all his weapons as a pre-bail condition to bail, observing that given the background of allegations against him, it becomes "paramount to protect the drug detection squad, their family members, as well as the members of society. The Punjab & Haryana High Court has …

Coal Levy Scam Case| ‘Involved In Extortion Racket, Managed Illegal Cash’: Chhattisgarh HC Denies Pre-Arrest Bail To Alleged Kingpin’s Brother
1 year, 1 month ago

Coal Levy Scam Case| ‘Involved In Extortion Racket, Managed Illegal Cash’: Chhattisgarh HC Denies Pre-Arrest Bail To Alleged Kingpin’s Brother

Live Law  

The Chhattisgarh High Court last week refused bail to the alleged kingpin of the state coal levy scam Suryakant Tiwari’s brother Rajnikant Tiwari in the money laundering case, The bench of Justice Narendra Kumar Vyas noted that he knowingly and actively participated in the extortion racket and acted as the accountant who managed the illegal cash. Seeking anticipatory bail in …

Money laundering case: PMLA court grants bail to ex-revenue officer
1 year, 2 months ago

Money laundering case: PMLA court grants bail to ex-revenue officer

Hindustan Times  

A Prevention of Money Laundering Act Special Court, Panchkula, granted bail to former district revenue officer-cum-land acquisition collector of Panchkula in a money laundering case linked to alleged financial fraud with the National Highways Authority of India and the Haryana State Infrastructural and Industrial Cooperation. Naresh Kumar Sheokhand, 63, former district revenue officer-cum-land acquisition collector of Panchkula had pressed on …

Money laundering case: No relief for IREO MD as court dismisses bail plea
1 year, 3 months ago

Money laundering case: No relief for IREO MD as court dismisses bail plea

Hindustan Times  

A Prevention of Money Laundering Act Special Court, Panchkula, on Thursday dismissed the bail plea moved by Lalit Goyal, managing director of the IREO group. Managing director of the IREO group Lalit Goyal, who is presently lodged in a jail, was arrested by the Directorate of Enforcement in a money laundering case linked to a corruption case against suspended Haryana …

ED Moves Kerala High Court For Cancellation Of Bail Granted To Santhosh Eapen By Sessions Court In LIFE Mission Case
1 year, 6 months ago

ED Moves Kerala High Court For Cancellation Of Bail Granted To Santhosh Eapen By Sessions Court In LIFE Mission Case

Live Law  

The Enforcement Directorate has approached the Kerala High Court for cancellation of bail granted by the Sessions Court to Santhosh Eapen, Managing Director of Unitac Builders and an accused in the LIFE mission corruption case.The Special Court for PMLA Cases had granted bail to Eapen in March in a crime registered by the ED. The Enforcement Directorate has approached the …

Woman Can’t Be Classified Based On Their Education Or Occupation For Bail Under Proviso To Section 45(1) PMLA: Delhi High Court
1 year, 6 months ago

Woman Can’t Be Classified Based On Their Education Or Occupation For Bail Under Proviso To Section 45(1) PMLA: Delhi High Court

Live Law  

The Delhi High Court has ruled that a woman cannot be classified based on their education, occupation or social status for being entitled to be released on bail under the provisio to section 45 of PMLA. “Thus, to argue what kind of woman is entitled to fall within the proviso to section 45 PMLA by creating an ad-hoc illusionary sub-classification …

Further Detention Invalid If Extension Order For Submitting Final Report Under Section 173 CrPC Itself Is Set Aside: Punjab And Haryana High Court
1 year, 6 months ago

Further Detention Invalid If Extension Order For Submitting Final Report Under Section 173 CrPC Itself Is Set Aside: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that further detention of an accused becomes unlawful if an order granting extension to submit the final report under Section 173 of the Criminal Procedure Code itself is overturned. The Investigating Officer sought an extension of time to submit the report under Section 173 of the CrPC, as the initial 180-day period …

Gujarat High Court Upholds Trial Court's Decision To Not Discharge Ex-IAS Officer Pradeep Sharma In Money Laundering Case, Orders Expeditious Trial
1 year, 9 months ago

Gujarat High Court Upholds Trial Court's Decision To Not Discharge Ex-IAS Officer Pradeep Sharma In Money Laundering Case, Orders Expeditious Trial

Live Law  

The Gujarat High Court recently refused to interfere with the order of trial court rejecting former IAS Officer Pradeep Sharma's application for discharge in a case under Prevention of Money Laundering Act. The single judge bench of Justice Samir J. Dave observed: “While rejecting the discharge application of the applicant, learned trial court has specifically observed that on the basis …

'Infirm' Person Entitled To Seek Bail Under Proviso To Section 45(1) PMLA Even When Not 'Sick': Delhi High Court
1 year, 9 months ago

'Infirm' Person Entitled To Seek Bail Under Proviso To Section 45(1) PMLA Even When Not 'Sick': Delhi High Court

Live Law  

While granting bail to Kewal Krishan Kumar, chairman and managing director of Delhi-based Shakti Bhog Foods Limited, in a money laundering case, the Delhi High Court on Friday ruled that a person who is not 'sick' but only 'infirm' would still be entitled to seek the benefit of the exception in the proviso to Section 45 PMLA Act.Justice Jasmeet Singh …

PMLA and the burden of proof: Trouble ahead for Manish Sisodia after ED arrest
1 year, 9 months ago

PMLA and the burden of proof: Trouble ahead for Manish Sisodia after ED arrest

India Today  

Amidst political uproar and spat between the Aam Aadmi Party and the Bharatiya Janata Party, former deputy CM of Delhi, Manish Sisodia was arrested by the Enforcement Directorate on Thursday evening after being interrogated inside the Tihar Jail. Section 45 of the PMLA sets out very stringent conditions for bail, essentially that the court has to be prima facie convinced …

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I
1 year, 9 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I

Live Law  

Q.1 Has the accused an indefeasible right to “compulsive bail” i.e. 477 – 5 Judges - A. M. Ahmadi, J. S. Verma, P. B. Sawant, B. P. Jeevan Reddy, N. P. Singh - JJ; Union of India v. Thamisharasi 4 SCC 190 = 1995 KC 1189 - J. S. Verma, Sujata V. Manohar – JJ; Uday Mohanlal Acharya v. State …

Rana Kapoor Bail: HC Order is Welcome, But PMLA's Twin Conditions Still an Issue
1 year, 10 months ago

Rana Kapoor Bail: HC Order is Welcome, But PMLA's Twin Conditions Still an Issue

The Quint  

This is a positive step for protection of liberty of accused and also to avoid clogging of jails with PMLA undertrials. However, the arbitrary burden of the twin conditions still applies in case of bail applicants who were arrested at any time during investigation. The Calcutta High Court in its recent judgment of ED v. Debarata Halder cancelled bail granted …

Court formalities completed for Kappan's release on bail
1 year, 10 months ago

Court formalities completed for Kappan's release on bail

India Today  

The sureties required for the release of Kerala journalist Siddique Kappan on bail have been submitted in a court here and his lawyer said he might walk out of jail on Thursday. When asked whether formalities related to Kappan's submission of sureties have been done in the special Prevention of Money Laundering Act court, his lawyer Mohamed Dhanish K S …

HC grants bail to drug accused as cops play truant in trial proceedings
1 year, 11 months ago

HC grants bail to drug accused as cops play truant in trial proceedings

Hindustan Times  

The Punjab and Haryana high court has granted bail to a drug accused from Jhajjar in Haryana as cops who had to depose in the case were not appearing before the trial court to depose as witnesses. The Punjab and Haryana HC has granted bail to a drug accused from Jhajjar in Haryana as cops who had to depose in …

Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused
2 years ago

Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused

Live Law  

The Punjab and Haryana High Court recently expressed its dismay over the conduct of Police officials, who were the official witnesses in a NDPS case, for not deposing despite issuance of multiple bailable, non-bailable and arrest warrants. A single bench of Justice Jasgurpreet Singh Puri remarked, "It is actually very surprising that the police officials were summoned by way of …

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