Appellant Arrested for Laundering Crime Proceeds Granted Bail as Inquiry Documents Were Voluminous and Trial Might Take Time | HC

Case Details: Sukanya Mondal v. Directorate of Enforcement - [2024] 166 taxmann.com 418 (HC-Delhi)

Judiciary and Counsel Details

• Ms.Neena Bansal Krishna, J.
• Vikas Pahwa, Sr. Adv., Shadman Ahmed Siddiqui, Garvil Singh & Ms Nikita Jain, Advs. for the Petitioner.
• Anupam S. Sharma, Special Counsel, Ms Harprreet Kalsi, Prakarsh Airan, Abhishek Batra, Ripudaman Sharma, Vashisht Raoo & Syamantak Modgil, Advs. for the Respondent.

Facts of the Case

In the instant case, CBI registered a preliminary enquiry against a person ‘S’, the commandant of BSF, and others. The enquiry revealed that cattle smuggling was happening from India to Bangladesh by paying illegal gratification to BSF personnel deputed on the Border.

CBI registered an FIR for an offence relating to a public servant being bribed against ‘S’ and unknown others. ED registered an Enforcement Case Information Report (ECIR).

It was alleged that ‘S’ received bribes for the business of cattle smuggling across the border, and the applicant’s father/’A’ received money from ‘S’. The applicant helped in laundering money through her companies/firm and managed various companies, in accounts of which proceeds of crime generated from the predicate offence of cattle smuggling were laundered.

Thereafter, ED filed a complaint case and supplementary complaints, in which the applicant was named, before the Special Judge, and the applicant was arrested. The bail application filed by the applicant before the Trial Court was dismissed. The applicant then filed an instant bail application seeking regular bail.

It was observed that the applicant was not accused of a predicate offence, and the applicant’s father was also admitted to bail by the Supreme Court essentially on the grounds of his incarceration in jail.

High Court Held

The High Court held that since the documents involved were voluminous and the trial might take a long time to conclude, the applicant was a woman who was entitled to bail under proviso to section 45 of the Act. Thus, the applicant was to be admitted to regular bail upon furnishing a personal bond.

List of Cases Reviewed

• Manish Sisodia v. Central Bureau of Investigation, 2023 SCC OnLine SC 139 (para 46) followed.

List of Cases Referred to

• State of Madhya Pradesh v. Sheetla Sahai &Ors. (2009) 8 SCC 617 (para 21)
• Kamaljeet Singh v. State of Punjab (2005) 7 SCC 226 (para 24)
• Ajmer Singh v. State of Punjab (2010) 3 SCC 746 (para 24)
• Saumya Chaurasia v. Directorate of Enforcement (2024) 6 SCC 401 (para 48).