2023 (9) TMI 187 - SCH - Money Laundering

Supreme Court affirms bail order for female accused, imposes restrictions on NCR stay, citizenship change.

DIRECTORATE OF ENFORCEMENT Versus PREETI CHANDRA

DIRECTORATE OF ENFORCEMENT Versus PREETI CHANDRA - TMI Issues involved: Bail conditions, interpretation of statutory provisions, considerations for granting bail, discretion of the CourtUpon hearing the counsel, the Supreme Court addressed the issue of bail conditions set by the High Court for the respondent. The High Court had granted bail subject to various terms and conditions, including furnishing a personal bond, surrendering citizenship of Dominican Republic, joining the investigation, appearing before the Court, providing contact details, and refraining from criminal activities or tampering with evidence. The Court noted that the Prevention of Money Laundering Act 2002 confers discretion on the Court to grant bail to a woman accused, and similar provisions in the Code of Criminal Procedure have been interpreted by the Court previously. The Court emphasized that the considerations for granting bail are different from those for canceling bail, and since the respondent had already spent a significant period in custody, the Court decided not to interfere with the High Court's bail order.In addition to the conditions imposed by the High Court, the Supreme Court directed that the respondent must not leave the NCR region, report to the Investigating Officer regularly, and not dispose of any property without permission from the Special Court. The respondent's senior counsel confirmed that the respondent had applied to relinquish her citizenship of Dominican Republic as per the High Court's order and undertook to do so promptly. The respondent also expressed intent to apply for Indian citizenship, which would be processed in accordance with the law. Consequently, the Special Leave Petition was disposed of, and any pending applications were also resolved by the Court.