Anticipatory bail in economic offences denied where allegations of disproportionate assets and money laundering did not justify pre-arrest protection.

Anticipatory bail under Section 438 CrPC is an extraordinary remedy to be used sparingly, especially where the allegations involve economic offences and disproportionate assets linked to the Prevention of Corruption Act, 1988 and the Prevention of Money Laundering Act, 2002. The Court applied the statutory rigour of Section 45 of the PMLA and the settled principle that such offences impact the economic fabric of society. On the facts, the allegations and the value of the property involved did not justify pre-arrest protection, and anticipatory bail was denied.

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Issues: Whether anticipatory bail should be granted in a case involving alleged economic offences and disproportionate assets linked to offences under the Prevention of Corruption Act, 1988 and the Prevention of Money Laundering Act, 2002.

Analysis: The relief under Section 438 of the Code of Criminal Procedure, 1973 is an extraordinary one and is to be exercised sparingly, particularly in economic offences. The Court relied on the statutory rigour under Section 45 of the Prevention of Money Laundering Act, 2002 and the settled approach that such offences affect the economic fabric of society. It concluded that the allegations and the value of the property involved did not justify pre-arrest protection.

Conclusion: Anticipatory bail was not granted.

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