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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.
<h1>GST input tax credit fraud using bogus invoices and shell entities, PMLA laundering alleged; bail refusal upheld, probe deadline set.</h1> In proceedings for regular bail under the PMLA arising from alleged laundering of 'proceeds of crime' generated through GST fraud by availing ITC on the ... Money Laundering - seeking grant of regular bail - proceeds of crime - fraud committed of availing ITC on the strength of bogus invoices, by way of creation of multiple companies/firms in the name of innocent persons - reasons to believe - statements recorded under Section 50 of the PMLA are admissible or not - it was held by High Court that 'Since the petitioner has failed to make out a special case to exercise the power to grant bail and considering the facts and parameters, necessary to be considered for adjudication of bail, this Court does not find any exceptional ground to exercise its discretionary jurisdiction to grant bail.' HELD THAT:- The respondent is directed to complete further investigation within a period of four months from the date of receipt of a copy of this order - it is made claear that breach of the time limit granted by us will not dis-entitle the respondent from filing the supplementary prosecution complaint belatedly, in which case, liberty is granted to the petitioner to file a fresh bail application. SLP disposed off. The Court disposed of the Special Leave Petition with directions concerning 'further investigation' and the filing of a 'supplementary prosecution complaint.' It directed the respondent 'to complete further investigation within a period of four months from the date of receipt of a copy of this order.' The Court clarified that 'breach of the time limit granted by us will not dis-entitle the respondent from filing the supplementary prosecution complaint belatedly,' but in that event 'liberty is granted to the petitioner to file a fresh bail application.' It further directed that if such a bail application is filed, the Trial Court is expected 'to decide the same without being influenced by the earlier orders passed and on its own merits.' Pending applications, if any, were also disposed of.
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