Bachhu Yadav v. Directorate of Enforcement Government of India, Special Leave Petition (Crl.) No.7561/2023

Brief Facts

  • The Appellant was an accused for an offence under section 4 of the PMLA and had approached the Apex Court seeking bail. It was alleged that the Appellant is in possession of Rs. 30 Lakhs in his bank account which was received through an illegal act. The Appellant contended that the said money was deposited in his account much prior to the date of alleged illegal activity. The Bail application of the main accused was withdrawn from the Apex Court.

Issues

  • Grant of Bail in PMLA cases on grounds of long incarceration.

Held

  • Bail Allowed. Accused has furnished reasonable explanation in respect of the amount in issue.
  • It is seen that the petitioner was arrested on 05.08.2022 and he has spent a little over one year of incarceration. The chargesheet is filed and the Trial Court having framed the charges, no doubt has started the trial and it is stated across the bar that five witnesses have been examined but it is also stated that in all 42 witnesses are cited to be examined.

Relevant Para No.

  • 8

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