TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Join Channel
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: (i) whether the accused was entitled to bail on merits under the Prevention of Money Laundering Act, 2002 in view of the twin conditions under section 45; (ii) whether the accused was entitled to bail on medical grounds.
Issue (i): whether the accused was entitled to bail on merits under the Prevention of Money Laundering Act, 2002 in view of the twin conditions under section 45.
Analysis: The application was tested against the stringent bail regime under section 45 of the Prevention of Money Laundering Act, 2002, which requires reasonable grounds for believing that the is not guilty of money laundering and that he is not likely to commit any offence while on bail. The material placed before the Court, including the prosecution complaint, the enforcement investigation, the quantified proceeds of crime, the alleged role of the accused as a key beneficiary, and the continuing nature of the investigation, was found sufficient to displace the plea that the accused had made out a case for bail. The Court also treated the offence as an economic offence requiring a stricter approach, and rejected the contention that the accused was entitled to bail merely because the predicate offences were under challenge or because the scheduled offence argument was advanced.
Conclusion: The accused was not entitled to bail on merits and the conclusion was against the accused.
Issue (ii): whether the accused was entitled to bail on medical grounds.
Analysis: The Court considered the consolidated medical status material prepared after examination by AIIMS departments and jail medical authorities. The reports showed that the accused was stable, under regular review, and receiving prescribed medicines from the jail dispensary. On that material, the Court was not satisfied that the medical condition justified release on bail.
Conclusion: The accused was not entitled to bail on medical grounds and the conclusion was against the accused.
Final Conclusion: The bail request failed both on merits and on medical grounds, so the accused was not released from custody.
Ratio Decidendi: In bail matters under the Prevention of Money Laundering Act, 2002, the applicant must satisfy the twin conditions in section 45 on the basis of reasonable grounds, and where the material indicates a prima facie laundering case with continuing investigation, bail should be declined; ordinary medical complaints will not justify release unless the condition is shown to be serious enough to warrant such relief.
TaxTMI 
