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Supreme Court of India · 20/04/2023

SANJAY RAGHUNATH AGARWAL versus THE DIRECTORATE OF ENFORCEMENT

[2023] 5 S.C.R. 461 · 2023 INSC 408

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Summary

A chartered accountant arrested by the Enforcement Directorate in a money-laundering case arising from an allegedly fraudulent Global Depository Receipt issue sought bail; the predicate FIR of 2013 had produced no final report in nine years, the complainant himself had been sought to be arrested as an accused, and the prosecution complaint attributed to the appellant a coordinating role in the offering. The Supreme Court granted bail, holding that on these undisputed facts the prosecution complaint gave room for a valid argument that the second condition in Section 45(1)(ii) of the PMLA was satisfied and his continued incarceration was not justified, subject to surrender of passport and regular attendance.

Issues

  1. Whether an accused under the Prevention of Money-laundering Act, 2002, in custody for several months while no chargesheet has been filed in the nine-year-old predicate offence, is entitled to bail having regard to the twin conditions in Section 45 of the Act.

Provisions considered

Held

Result

Appeal allowed; appellant directed to be released on bail in ECIR No. HYZO/26/2022 on terms to be fixed by the Special Court under the PMLA, Hyderabad, including surrender of passport and regular attendance whenever the prosecution complaint is listed. No costs.

Judgment PDF: Supreme Court of India, [2023] 5 S.C.R. 461.