Home Case Index All Cases Money Laundering Money Laundering + HC Money Laundering - 2021 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (3) TMI 1274 - HC - Money LaunderingMoney Laundering - Seeking grant anticipatory bail - offence of money laundering under Section 3 of the Prevention of Money Laundering Act, 2002 and punishable under Section 4 of the said Act - HELD THAT:- The following factors are to be taken into consideration while considering an application for bail:- (i) the nature of accusation and the severity of the punishment in the case of conviction and the nature of materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses or apprehension of threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations. There is no hard and fast rule regarding grant or refusal to grant bail. Each case has to be considered on the facts and circumstances of the case and on its own merits. The discretion of the court has to be exercised judiciously and not in an arbitrary manner. A careful reading of the legal position and in the light of the circumstances of the case on hand, which clearly indicates that the 1st respondent has a doubt regarding the involvement of the petitioner in commission of the crime and she is being summoned for disclosure and in case of her non-disclosure of any material, on the pretext of non-co-operation, the 1st respondent may proceed to arrest her. The petitioner is a woman and she is having two minor children, whom she has to look after. Further, major part of the investigation has been completed with respect to the accounts and documents, which have already been seized. Hence, there may not be a chance of tampering with the investigation at this stage, because as rightly pointed out by the learned Senior Counsel for the petitioner that a criminal case has already been filed and the same is pending before the Special Court at Bhopal. The petitioner is directed to surrender before the Assistant Director, Enforcement Directorate, Government of India, Hyderabad, within a period of fifteen days from today, and on such surrender, she shall be released on bail on her executing a personal bond to the tune of ₹ 5,00,000/- with two sureties each to the like amount to his satisfaction - Petition allowed.
|