Bail Granted Under PMLA: Petitioner Released Due to Prolonged Incarceration and Parity with Main Accused Already on Bail. The SC granted bail to the petitioner under the PMLA, noting his prolonged incarceration and the fact that the main accused in the same offence had ...
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.
Bail Granted Under PMLA: Petitioner Released Due to Prolonged Incarceration and Parity with Main Accused Already on Bail.
The SC granted bail to the petitioner under the PMLA, noting his prolonged incarceration and the fact that the main accused in the same offence had already been granted bail. Despite the respondent's opposition, citing serious allegations and the recovery of gold, the Court considered the unchallenged bail granted by the HC for related offences and the principle of parity. The petitioner was ordered to be released on bail with conditions similar to those of the main accused. All pending applications were disposed of with this judgment.
Issues involved: The petition for grant of bail under the Prevention of Money Laundering Act, 2002 (PMLA) based on the petitioner's incarceration and the recovery of a significant amount of gold, with reference to the main accused being granted bail in the same offence.
Judgment Summary:
Issue 1 - Bail Petition under PMLA: The petitioner filed a bail petition citing his incarceration for nearly one and a half years during the appeal process for a conviction in the predicate offence. The senior counsel for the petitioner highlighted that the main accused had already been granted bail in the same offence. On the other hand, the respondent vehemently opposed the petition, emphasizing serious allegations against the petitioner and a substantial recovery of gold from him. The Court noted that the petitioner had been granted bail by the High Court in the appeal arising from predicate offences, which remained unchallenged. Considering the provisions of Section 45 of the PMLA and the circumstances of the case, including the custody period and the parity with the main accused, bail was granted to the petitioner. The petitioner was directed to be released on bail in connection with the Complaint Case, with conditions similar to those imposed in the case of the main accused.
Conclusion: The Supreme Court disposed of the special leave petition by granting bail to the petitioner and directed his release in connection with the specified case, maintaining conditions akin to those set by the High Court for the main accused. Any pending applications were also deemed disposed of as a part of this judgment.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 
TaxTMI 
