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        Money Laundering

        2017 (8) TMI 1668 - HC - Money Laundering

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        Interim bail granted under Prevention of Money Laundering Act due to mother's illness The Court granted the petitioner interim bail for three weeks under the Prevention of Money Laundering Act, 2002, considering the mother's illness, the ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                            Interim bail granted under Prevention of Money Laundering Act due to mother's illness

                            The Court granted the petitioner interim bail for three weeks under the Prevention of Money Laundering Act, 2002, considering the mother's illness, the petitioner's cooperation with the Enforcement Directorate, and the charge sheet submission. The bail was subject to conditions like furnishing a bond, providing sureties, staying within NCR of Delhi, and surrendering the passport. Failure to comply could result in bail cancellation.




                            Issues:
                            1. Bail application under Prevention of Money Laundering Act, 2002.
                            2. Application for interim bail on grounds of mother's illness.
                            3. Consideration of petitioner's history with ED and charge sheet submission.
                            4. Granting interim bail with specific conditions.

                            Bail Application under Prevention of Money Laundering Act, 2002:
                            The judgment pertains to a bail application filed by the petitioner under Section 3 & 4 of the Prevention of Money Laundering Act, 2002, in connection with a specific case registered as ECIR/18/DZII/2016/AD. The petitioner sought bail, and simultaneously, an application for interim bail was filed citing the illness of the petitioner's mother, who had recently suffered a neck fracture.

                            Application for Interim Bail on Grounds of Mother's Illness:
                            The petitioner, being the only son of his mother, requested interim bail due to his mother's health condition. The medical report indicated that the mother had a neck fracture and was in acute pain. The petitioner highlighted that he had a young son, and his sister was abroad. Despite opposition, the Court considered the petitioner's family circumstances, the period of incarceration, and the submission of the charge sheet, and granted interim bail for three weeks.

                            Consideration of Petitioner's History with ED and Charge Sheet Submission:
                            During the proceedings, the petitioner's counsel emphasized that the petitioner had cooperated with the Enforcement Directorate (ED) in the past, never evading the investigative process. The Court took note of this history, along with the charge sheet submission in the main case, in its decision to grant interim bail to the petitioner.

                            Granting Interim Bail with Specific Conditions:
                            The Court, after considering various factors, including the petitioner's incarceration period, the charge sheet submission, and the mother's illness, granted interim bail to the petitioner for three weeks. The bail was subject to conditions such as furnishing a bond, providing sureties, not tampering with evidence, staying within NCR of Delhi, seeking permission to leave the country, and depositing the passport with the Special Court. Any violation of the specified conditions could lead to the withdrawal or cancellation of the interim bail.

                            Overall, the judgment addressed the bail application under the Prevention of Money Laundering Act, 2002, and the subsequent grant of interim bail based on the petitioner's family circumstances, past cooperation with authorities, and the specific conditions imposed to ensure compliance and prevent any prejudicial acts during the bail period.
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                            ActsIncome Tax
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