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“Supreme Court Denies Bail to Ex-Delhi Minister Satyendar Kumar Jain in Money Laundering Case: PMLA’s Stringent Bail Conditions Upheld”
Bysclaw
Mar 23, 2024![](https://sclaw.in/wp-content/uploads/2023/04/Prevention-of-Money-Laundering.jpg)
By sclaw
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Prevention of Money Laundering Act, 2002 – Sections 4, 19 and 44 (1)(b) – The appellant, accused of complaints under Section 44(1)(b) of the Act, was denied anticipatory bail – They were not arrested post-ECIR registration until the Special Court took cognizance under the PMLA – The appellants argue that the power to arrest should not be exercised post-cognizance, and if an accused appears after summons, there’s no reason for arrest or custody – They also contend that provisions of the CrPC apply to proceedings before the Special Court – The respondent asserts that once an accused appears before the Special Court, they are deemed in its custody and must apply for bail under Section 439 of the CrPC – The Court granted leave to appeal and protected the appellants from arrest through interim orders – The Court examined the applicability of CrPC provisions to PMLA proceedings and the discretion of the Special Court in issuing summons or warrants – The Court concluded that the issuance of summons is to secure the accused’s presence, not custody – If the accused defies the summons, a bailable warrant may be issued.
Jul 5, 2024
sclaw
Criminal Law – Double Murder – The case involves multiple criminal appeals against bail granted by the Allahabad High Court to accused in a double murder – The main issue is whether the High Court was justified in granting bail to the accused considering the seriousness of the offence and the stage of the trial -The appellant-complainant argued that the accused have a history of criminal activity, were the aggressors in the incident, and there is a risk of them tampering with witnesses – The accused-respondents assured they would not abscond and would cooperate with the trial, highlighting their permanent residence in the village – The Supreme Court quashed the bail orders, directing the accused to surrender, and emphasized that the observations made are not an opinion on the merits of the matter – The Court found that the High Court did not adequately consider the seriousness of the offense, the role of the accused, and their criminal antecedents – The Supreme Court applied established legal principles for bail consideration, focusing on the nature of the accusation, the gravity of the offense, and the likelihood of influencing the trial – The Supreme Court concluded that the respondents do not deserve bail and set aside the High Court’s orders, with a provision for the accused to apply for bail under new circumstances at a later stage.
Jul 5, 2024
sclaw
Bail — The Supreme Court has disposed of two petitions filed by Manish Sisodia, challenging an order passed by the High Court of Delhi in Bail Application Nos. 1557 and 1559 of 2024 — The court has granted liberty to Sisodia to move a fresh application for bail in case of change in circumstances or if the trial is protracted and proceeds at a snail’s pace in the next three months — The court has clarified that the observations made in the judgment are only for the disposal of the present appeals and will not influence the trial court on the merits of the case, which will proceed in accordance with law and be decided on the basis of the evidence led — The court has also noted that all disputed factual and legal issues are left open — The Solicitor General has assured that the investigation will be concluded and the final complaint/charge sheet will be filed expeditiously, and at any rate on or before 03.07.2024, after which the trial court will be free to proceed with the trial.
Jul 4, 2024
sclaw