Prevention of Money Laundering Act, 2002: s. 45 – Enlargement on bail – Sustainability of – Allegations of tempering of bids – Accused chargesheeted u/ss. 120-B, 420, 468, 471 IPC and s. 7 rw s. 13(2) of the PC Act, the scheduled offences – Offences under the PML Act, 2002 added later – Enforcement Directorate initiated money laundering investigation – Respondent no. 1 arrested – Thereafter, the High Court enlarged the respondent No.1 on bail – Sustainability of – Held: Not sustainable – High Court did not consider the rigour of s. 45 nor considered the seriousness of the offences alleged against accused for the schedule offences under the PMLA Act, 2002 and that the investigation by the Enforcement Directorate for the scheduled offences under the PML Act, 2002 is still going on – Merely because other accused are acquitted/discharged, it cannot be a ground not to continue the investigation against respondent No. 1 – Merely because, for the predicated offences the chargesheet might have been filed it cannot be a ground to release the accused on bail in connection with the scheduled offences under the PML Act, 2002 – Investigation for the predicated offences and the investigation by the Enforcement Directorate for the scheduled offences under the PML Act are different and distinct – Matters remitted back to the High Court for afresh decision on the bail applications – Penal Code, 1860 – ss. 120-B, 420, 468 and
471 – Prevention of Corruption Act, 1988 – s. 7 rw s. 13(2).
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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