VidhiSangh

Supreme Court of India · 12/05/2023

DIRECTORATE OF ENFORCEMENT versus ADITYA TRIPATHI

[2023] 5 S.C.R. 410 · 2023 INSC 531

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Summary

The Court set aside bail granted in a money-laundering investigation because the High Court had not applied section 45 or considered the serious allegations and continuing ED investigation. Filing a charge-sheet in the predicate case did not establish completion of the distinct money-laundering investigation. Both accused were directed to surrender within one week, after which the High Court was to consider their bail applications afresh.

Issues

  1. Whether bail could stand when the High Court had not considered section 45 and the continuing money-laundering investigation.
  2. Whether a predicate-offence charge-sheet or the discharge or acquittal of other accused justified the bail orders.
  3. What relief and surrender directions followed from the defective consideration of bail.

Provisions considered

Held

Result

Appeals allowed; bail orders set aside. Respondents to surrender within one week; High Court to consider their bail applications afresh after surrender.

Judgment PDF: Supreme Court of India, [2023] 5 S.C.R. 410.