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of <h1>Appeal allowed; bail granted under Sections 3 and 4 PMLA after over four years' incarceration, anticipatory bail cancellation set aside</h1> <h3>Harmesh Kumar Gaba Versus Assistant Directorate of Enforcement</h3> Appellant, arraigned in a third supplementary complaint under Sections 3 and 4 of the PMLA, having been incarcerated for over four years with properties ... Money Laundering - appellant has been arraigned as an accused in the third supplementary prosecution complaint for the offences punishable under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 - HELD THAT:- Admittedly, the appellant has been under incarceration for more than four years. The properties have been reversed and the fact remains that the appellant was actually granted anticipatory bail which was later cancelled for violation of the conditions imposed. It is inclined to set aside the impugned order and grant bail to the appellant - the impugned order stands set aside and the appellant is granted bail, subject to the terms and conditions that may be imposed by the Trial Court. Appeal allowed. 'Leave granted.' The appellant was arraigned as an accused in the third supplementary prosecution complaint dated 22.01.2016 arising out of ECIR No.02/JLZO/2013 for offences punishable under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002. The appellant has been under incarceration for more than four years; the properties have been reversed; and the appellant had earlier been granted anticipatory bail which was subsequently cancelled for violation of the conditions imposed. Taking these facts into consideration, the Court was 'inclined to set aside the impugned order and grant bail to the appellant.' Accordingly, the impugned order 'stands set aside' and 'the appellant is granted bail,' subject to the terms and conditions that may be imposed by the Trial Court. The appeal is allowed and pending application(s), if any, stand disposed of.
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