Category: Bail Granted

Prevention of Money Laundering Act, 2002 — Section 3 — Appellant was a Transport Minister in Tamil Nadu and is accused of collecting money for job opportunities in the Transport Department — Multiple FIRs were filed against him, leading to his arrest and judicial custody —The main issue is whether the appellant should be granted bail in connection with the alleged offence under the PMLA —The appellant’s counsel argued that the evidence against him is not substantial, and he has already been in custody for over 14 months — They also cited a similar case (Manish Sisodia) to support their bail plea —The Enforcement Directorate (ED) argued that there is strong evidence against the appellant, including incriminating documents and large cash deposits — They expressed concerns about the appellant influencing witnesses if released on bail —The Supreme Court granted bail to the appellant, considering the prolonged incarceration and the unlikely completion of the trial in the near future — The court imposed stringent conditions for bail — The appeal was allowed, and the appellant was granted bail with specific conditions to ensure he does not tamper with evidence or influence witnesses.

2024 INSC 739 SUPREME COURT OF INDIA DIVISION BENCH V. SENTHIL BALAJI — Appellant Vs. THE DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Abhay S Oka and…

Anticipatory bail — Cancellation of — The appellant had his anticipatory bail cancelled without notice due to failure to plant saplings —Whether the cancellation of anticipatory bail without notice was justified The Supreme Court set aside the impugned order and allowed the appeal, granting additional time to plant 500 trees —The anticipatory bail granted to is revived, and he must deposit the cost of saplings with the Forest authorities.

SUPREME COURT OF INDIA FULL BENCH EZHILARASAN — Appellant Vs. THE STATE REPRESENTED BY INSPECTOR OF POLICE AND ANOTHER — Respondent ( Before : Sanjiv Khanna, Sanjay Kumar and R.…

Penal Code, 1860 (IPC) — Sections 420 and 34 — Nature of Offence —The Court’s decision to grant bail in a case involving Sections 420 and 34 IPC indicates that while these sections pertain to serious offenses (cheating and criminal conspiracy, respectively), bail may still be granted if the circumstances of the case, such as the nature of the transaction and the relationship between the parties, warrant it.

SUPREME COURT OF INDIA DIVISION BENCH DILHARAN LAL DEWANGAN — Appellant Vs. STATE OF CHHATTISGARH AND ANOTHER — Respondent ( Before : Bela M. Trivedi and Satish Chandra Sharma, JJ.…

Prevention of Money-Laundering Act, 2002 — Sections 45(1) — Application of Proviso to Section 45(1) — The Supreme Court clarified that the proviso to Section 45(1) of the PMLA, which grants special treatment to certain categories of accused including women, should be applied without automatically denying bail based on the accused’s social or political status — The Court emphasized that the provision is intended to protect vulnerable individuals, including women, who may be misused in criminal activities Bail granted- The Court clarified the interpretation of its previous judgment in Saumya Chaurasia v. Directorate of Enforcement (2024) 6 SCC 401, which discussed the sensitivity required in dealing with bail applications of women and vulnerable individuals under the PMLA — The Court clarified that Saumya Chaurasia did not limit the application of the proviso to Section 45(1) to only “vulnerable women” but emphasized the need for courts to be sensitive and sympathetic towards all categories of persons mentioned in the provision, including women of all backgrounds.

2024 INSC 632 SUPREME COURT OF INDIA DIVISION BENCH KALVAKUNTLA KAVITHA — Appellant Vs. DIRECTORATE OF ENFORCEMENT — Respondent ( Before : B.R. Gavai and K.V. Viswanathan, JJ. ) Criminal…

Prevention of Corruption Act, 1988 — Sections 7, 7A, 8 and 12 — Penal Code, 1860 — Sections 420, 201 and 120B — Prevention of Money Laundering Act, 2002 — Section 3 — Manish Sisodia’s bail applications were rejected by the High Court of Delhi — He is involved in cases registered by the CBI and ED related to alleged irregularities in Delhi’s Excise Policy for 2021-22 —Whether the appellant is entitled to bail considering the prolonged incarceration and the right to a speedy trial — Petitioner argues that the trial is delayed, and the appellant has been in custody for a long time — The prosecution has not completed the investigation, and the trial is proceeding at a snail’s pace — ED Contends that the appellant is influential and may tamper with evidence or influence witnesses — The trial delay is due to the appellant’s actions — The Supreme Court granted bail to Manish Sisodia, emphasizing the right to a speedy trial and noting the prolonged incarceration — The trial has not commenced despite assurances, and the appellant’s prolonged detention violates the right to liberty — The right to a speedy trial is fundamental, and bail should not be withheld as punishment — The court also considered the large volume of documents and witnesses involved — The appellant is granted bail with conditions to ensure his presence at trial and prevent tampering with evidence.

2024 INSC 595 SUPREME COURT OF INDIA DIVISION BENCH MANISH SISODIA — Appellant Vs. DIRECTORATE OF ENFORCEMENT — Respondent ( Before : B.R. Gavai and K.V. Viswanathan, JJ. ) Criminal…

Bail is the rule, jail is the exception — The court reiterated the well-established principle that bail should be the norm and imprisonment should be the exception — This principle applies even in cases involving stringent conditions for the grant of bail, as in the UAPA.

2024 INSC 604 SUPREME COURT OF INDIA DIVISION BENCH JALALUDDIN KHAN — Appellant Vs. UNION OF INDIA — Respondent ( Before : Abhay S. Oka and Augustine George Masih, JJ.…

2024 INSC 588 SUPREME COURT OF INDIA DIVISION BENCH TUSHARBHAI RAJNIKANTBHAI SHAH — Appellant Vs. KAMAL DAYANI AND OTHERS — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ.…

Prevention of Corruption Act, 1988 — Sections 7, 7A, 8 and 12 — Penal Code, 1860 — Sections 420, 201 and 120B — Prevention of Money Laundering Act, 2002 — Section 3 — Manish Sisodia’s bail applications were rejected by the High Court of Delhi — He is involved in cases registered by the CBI and ED related to alleged irregularities in Delhi’s Excise Policy for 2021-22 —Whether the appellant is entitled to bail considering the prolonged incarceration and the right to a speedy trial — Petitioner argues that the trial is delayed, and the appellant has been in custody for a long time — The prosecution has not completed the investigation, and the trial is proceeding at a snail’s pace — ED Contends that the appellant is influential and may tamper with evidence or influence witnesses — The trial delay is due to the appellant’s actions — The Supreme Court granted bail to Manish Sisodia, emphasizing the right to a speedy trial and noting the prolonged incarceration — The trial has not commenced despite assurances, and the appellant’s prolonged detention violates the right to liberty — The right to a speedy trial is fundamental, and bail should not be withheld as punishment — The court also considered the large volume of documents and witnesses involved — The appellant is granted bail with conditions to ensure his presence at trial and prevent tampering with evidence.

2024 INSC 595 SUPREME COURT OF INDIA DIVISION BENCH MANISH SISODIA — Appellant Vs. DIRECTORATE OF ENFORCEMENT — Respondent ( Before : B.R. Gavai and K.V. Viswanathan, JJ. ) Criminal…

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483(3) — Prevention of Money Laundering Act, 2002 — Sections 4 and 44(1)(b) — The Supreme Court has set aside orders of the Delhi High Court that stayed the bail granted to appellant accused in a money laundering case — The court observed that the power to grant an interim stay of an order granting bail can only be exercised in exceptional cases where a strong prima facie case of the existence of grounds for cancellation of bail is made out — The court further clarified that as a normal rule, ex parte stay of an order granting bail should not be granted and the court must record brief reasons for coming to the conclusion that the case was an exceptional one — The appeals were allowed on these terms, and the findings recorded in the judgment were only for considering the legality and validity of the order of stay on the order granting bail.

2024 INSC 546 SUPREME COURT OF INDIA DIVISION BENCH PARVINDER SINGH KHURANA — Appellant Vs. DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Abhay S. Oka and Augustine George Masih,…

BAIL GRANTED NDPS – PROLONGED INCARCERATION – It is to observe that failure to conclude the trial within a reasonable time resulting in prolonged incarceration militates against the precious fundamental right guaranteed under Article 21 of the Constitution of India, and as such, conditional liberty overriding the statutory embargo created under Section 37(1)(b) of the NDPS Act may, in such circumstances, be considered.

It is to observe that failure to conclude the trial within a reasonable time resulting in prolonged incarceration militates against the precious fundamental right guaranteed under Article 21 of the…

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