Gujarat High Court suspends sentence & fine for PMLA accused, emphasizes simultaneous proceedings The Gujarat High Court suspended the sentence and fine of an applicant accused of offences under the Prevention of Money Laundering Act, 2002, pending ...
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Gujarat High Court suspends sentence & fine for PMLA accused, emphasizes simultaneous proceedings
The Gujarat High Court suspended the sentence and fine of an applicant accused of offences under the Prevention of Money Laundering Act, 2002, pending appeal. The court emphasized the need for simultaneous proceedings for both scheduled offences and Section 4 offences, directing the Enforcement Directorate to explain trial court procedures and expedite the case. The applicant was granted bail with conditions, including not leaving India without court permission.
Issues: Application for suspension of sentence and payment of fine pending appeal.
Analysis: The applicant, accused of offences under Section 4 of the Prevention of Money Laundering Act, 2002, and scheduled offences, sought suspension of sentence and fine pending appeal. The applicant argued that both proceedings arose from the same incident but under different sections. Citing a Jharkhand High Court decision, it was contended that the trial for scheduled offences and Section 4 offences should proceed simultaneously. The Jharkhand High Court held that the special court can try both offences concurrently, waiting for the result of the scheduled offence trial before imposing punishment under Section 4. The Gujarat High Court concurred, suspending the sentence and fine until the appeal's final disposal. The applicant was granted bail on conditions, including not leaving India without court permission.
The trial court had kept the scheduled offences trial pending while separately conducting the trial under Section 4 of the Prevention of Money Laundering Act, 2002. Following the Jharkhand High Court's interpretation, the Gujarat High Court suspended the sentence and fine, allowing the applicant's bail application. The court emphasized the need for simultaneous proceedings for both types of offences, ensuring an expedited trial process. The Enforcement Directorate was directed to explain the trial court's procedures and whether the matter could be remedied by conducting simultaneous proceedings, urging early hearing of the case.
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