AI TextQuick Glance (AI)Headnote
Predicate FIR quashing on compromise does not remove PMLA bail rigour while laundering investigation remains incomplete.
Quashing a predicate FIR through compromise does not, by itself, eliminate alleged proceeds of crime for bail consideration under the Prevention of Money Laundering Act, 2002. Given serious laundering allegations, their substantial scale and the need for further investigation, the statutory bail rigour applied; bail previously granted to one accused was set aside. For the other accused, the incomplete investigation and seriousness of the allegations required application of the same threshold, and bail was refused.
Effect of compromise quashing of predicate FIR on proceeds of crime - Bail under the Prevention of Money Laundering Act pending incomplete investigation Proceeds of crime despite compromise quashing of predicate FIR - Effect of quashing of the predicate FIR on compromise on the existence of proceeds of crime in money-laundering proceedings - HELD THAT: - Quashing of a predicate FIR on the basis of compromise does not, by itself, obliterate the existence of proceeds of crime. The relevant consideration is the crime that generated the proceeds for the subsequent money-laundering action; the High Court erred in treating the compromise quashing as decisive while granting bail. [Paras 10] The bail granted to the accused was set aside. Statutory rigour for bail under the Prevention of Money Laundering Act - Entitlement to bail in money-laundering proceedings where serious allegations required further investigation - HELD THAT: - The allegations were serious, the extent of the alleged money laundering required further investigation, and the investigation remained incomplete. In those circumstances, the statutory rigour governing bail under the Prevention of Money Laundering Act applied to both accused persons. [Paras 11, 12, 13] Bail was refused to the accused seeking it, and both accused persons were given liberty to seek regular bail afresh after completion of the investigation. Final Conclusion: The appeal challenging the grant of bail was allowed and the appeal seeking bail was dismissed. The investigation was directed to be completed, with liberty to both accused persons to seek regular bail thereafter.