TaxTMI 
TaxTMI 
2026 (10) TMI 1573
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....nal Code. Applicant has been enlarged on pre-arrest bail vide order dated 23.12.2024 passed in Anticipatory Bail Application No.176/2025. 3. On a complaint filed by Antonio Savio D'Costa against Applicant and several others alleging execution of fraudulent Deed of Sale in respect of property bearing Survey No.444/8 of Village Anjuna, FIR No.34/2023 dated 23.03.2023 has been registered by Crime Branch Police Station against Applicant and others for offences punishable under Sections 465, 466, 467, 468, 471 and 420 r/w Section 120-B of Indian Penal Code. 4. Based on aforesaid predicate crimes, an investigation was carried in ECIR/PJZO/05/2024 by Respondent/Enforcement Directorate. Applicant has been arrested on 03.06.2025, alleging that during course of investigation, proceeds of crime to the tune of Rs. 220,97,83,608/- (Rupees Two Hundred & Twenty crores Ninety Seven Lakhs Eighty Three Thousand Six Hundred and Eight only) have been provisionally attached vide order no.04/2025 dated 28.07.2025, representing direct proceeds of crime accumulated by accused persons by committing scheduled offences. The facts emerging from the voluntary statements disclosed a premeditated and c....
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....d is seven years. In the aforesaid backdrop, further incarceration of Applicant would be violative of the fundamental right of Applicant under Article 21 of Constitution of India. In support of his submissions, he relies upon observations of Hon'ble Supreme Court in case of V. Senthil Balaji V/s. Deputy Director, Directorate of Enforcement 2024 SCC OnLine 2626, Manish Sisodia V/s. Directorate of Enforcement (2024) 12 SCC 660, observations of Single Judge of this Court in case of Dr. Kishore Bisure V/s. State of Maharashtra & Anr. 2025 SCC OnLine 261 and Sagar Maruti Suryawanshi V/s. Directorate of Enforcement 2024 SCC OnLine Bom 3348. 7. Per contra, Mr. Samant, learned Retainer Advocate appearing for Respondent would submit that previous bail application bearing Criminal Application (Bail) No. 1254/2025(F) filed by Applicant has been rejected by this Court by recording detailed reasons vide order dated 28.04.2026. The SLP filed against said order before Hon'ble Supreme Court was withdrawn on 29.05.2026. This Court, while rejecting bail plea observed that Applicant could not satisfy twin conditions under Section 45 of PMLA Act. Non-filing of the chargesheet in predicate o....
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.... file chargesheet against Applicant, till date, there is no further progress. Applicant is already enlarged on bail in predicate offences and he has been languishing in jail for PMLA offences since 03.06.2025 for last 15 months. In light of aforesaid factual backdrop, despite rejection of the previous Criminal Application (Bail) No. 1254/2025(F) by this Court, the present application requires consideration on merit. 11. In case of V. Senthil Balaji (supra), it has been observed that the existence of proceeds of crime is a condition precedent for the offence under Section 3. Hence the existence of a scheduled offence is sine qua non for alleging existence of proceeds of crime. A property derived or obtained, directly or indirectly, by a person as a result of criminal activity relating to a scheduled offence constitutes proceeds of crime. The existence of proceeds of crime at the time of trial of offence under Section 3 of PMLA Act can be proved only if the scheduled offence is established in the prosecution of scheduled offence. Therefore, even if the trial of the case under the PMLA proceeds, it cannot be finally decided unless the trial of scheduled offences concludes. 12. I....
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....tional Courts can always exercise its jurisdiction under Article 32 or Article 226, as the case may be. The Constitutional Courts have to bear in mind while dealing with the cases under the PMLA that, except in a few exceptional cases, the maximum sentence can be of seven years. The Constitutional Courts cannot allow provisions like Section 45(1)(ii) to become instruments in the hands of the ED to continue incarceration for a long time when there is no possibility of a trial of the scheduled offence and the PMLA offence concluding within a reasonable time. If the Constitutional Courts do not exercise their jurisdiction in such cases, the rights of the undertrials under Article 21 of the Constitution of India will be defeated. In a given case, if an undue delay in the disposal of the trial of scheduled offences or disposal of trial under the PMLA can be substantially attributed to the accused, the Constitutional Courts can always decline to exercise jurisdiction to issue prerogative writs. An exception will also be in a case where, considering the antecedents of the accused, there is every possibility of the accused becoming a real threat to society if enlarged on bail. The jurisdic....
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....ng not come to an end", disposed of the petitions with liberty to the appellant to revive his prayer afresh after filing of the final complaint/charge-sheet. 29. It could thus be seen that this Court had granted liberty to the appellant to revive his prayer after filing of the charge-sheet. Now, relegating the appellant to again approach the trial court and thereafter the High Court and only thereafter this Court, in our view, would be making him play a game of "Snake and Ladder". The trial court and the High Court have already taken a view and in our view relegating the appellant again to the trial court and the High Court would be an empty formality. In a matter pertaining to the life and liberty of a citizen which is one of the most sacrosanct rights guaranteed by the Constitution, a citizen cannot be made to run from pillar to post. 14. Pertinently, in case of Vijay Madanlal Choudhary & Ors. V/s. Union of India and Ors. (2023) 12 SCC 1, the Hon'ble Supreme Court observed in para 382.8 as under: "382.8 The offence under Section 3 of the 2002 Act is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence. It ....