Case Note & Summary
The petitioner, Shri S.C. Jayachandra, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail in Case No. ECIR/BGZO/13/2016 registered by the Enforcement Directorate (ED), Bengaluru Zone, for offences punishable under Sections 3, 4, and 8 of the Prevention of Money-Laundering Act, 2002 (PML Act). The petitioner was arrested in connection with a money laundering case. The bail application was earlier rejected by the XXXII Addl. City Civil and Sessions Judge and Special Judge for CBI Cases, Bangalore, and Special Court under the PML Act, on 7.1.2017. The petitioner approached the High Court of Karnataka. The court heard arguments from Shri C.V. Nagesh, learned Senior Counsel for the petitioner, and Shri S. Mahesh, learned counsel for the respondent-ED. The court noted that the petitioner had no criminal antecedents and was a first-time offender. The court considered the twin conditions under Section 45 of the PML Act, which require that there be reasonable grounds to believe that the accused is not guilty of the offence and is not likely to commit any offence while on bail. The court found that the petitioner satisfied these conditions. The court also considered the right to a speedy trial and the fact that the investigation was complete. The court granted bail to the petitioner subject to stringent conditions, including furnishing a bond of Rs. 5,00,000 with two sureties, surrendering his passport, reporting to the ED once a week, and not tampering with evidence or influencing witnesses. The court directed that the petitioner be released on bail upon compliance with these conditions.
Headnote
A) Criminal Law - Bail - Prevention of Money Laundering Act, 2002 - Sections 3, 4, 8, 45 - Petitioner sought bail under Section 439 CrPC for offences under PML Act - Court considered the twin conditions under Section 45 PML Act, namely that there are reasonable grounds to believe the accused is not guilty and is not likely to commit any offence while on bail - Held that the petitioner, a first-time offender with no criminal antecedents, satisfied the conditions and was granted bail with stringent conditions (Paras 1-10).
Issue of Consideration
Whether the petitioner is entitled to bail under Section 439 CrPC read with Section 45 of the Prevention of Money-Laundering Act, 2002, considering the twin conditions of bail under PML Act.
Final Decision
Petition allowed. Petitioner granted bail subject to conditions: (i) furnishing a bond of Rs. 5,00,000 with two sureties; (ii) surrendering passport; (iii) reporting to ED once a week; (iv) not tampering with evidence or influencing witnesses; (v) not leaving jurisdiction without court permission.
Law Points
- Bail under PML Act
- Section 45 PML Act twin conditions
- Section 439 CrPC
- presumption of innocence
- right to speedy trial
