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In-laws of accused in money laundering case granted interim bail despite opposition The father-in-law and mother-in-law of the main accused in a money laundering case were granted interim bail despite opposition from the Enforcement ...
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In-laws of accused in money laundering case granted interim bail despite opposition
The father-in-law and mother-in-law of the main accused in a money laundering case were granted interim bail despite opposition from the Enforcement Directorate. The court considered factors such as no prior arrest, seized assets, absence of vulnerable witnesses, and a maximum sentence of 7 years. As the accused had not been arrested by the Enforcement Directorate, the court found no reason to keep the petitioners in custody, making the interim bail absolute and disposing of the bail application.
Issues: Bail application of father-in-law and mother-in-law in a money laundering case under the Prevention of Money Laundering Act, 2002.
Analysis: 1. The petitioners, who are the father-in-law and mother-in-law of the main accused in a money laundering case, were summoned to face trial under the Prevention of Money Laundering Act, 2002. They were granted interim bail on furnishing bail bonds. 2. The Enforcement Directorate opposed the bail application, highlighting that the petitioners were closely related to the main accused, had amassed assets from untraced sources of income, could tamper with evidence, and the offense was grave with a statutory bar against bail. 3. The court considered the arguments and found that the petitioners were never arrested during the investigation, their assets were already seized, no vulnerable witness was to depose against them, and the maximum sentence for the offense was 7 years. The court noted that the provisions of Section 45(1)(ii) of the Act would apply only if the accused had been arrested by the Enforcement Directorate. 4. Given these factors and the early stage of the complaint, the court concluded that keeping the petitioners in judicial custody pending trial would serve no purpose. Therefore, the interim bail granted earlier was made absolute, and the bail application was disposed of.
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