Harsatinder Pal Singh Hayer Vs Directorate of Enforcement (Delhi High Court)
Delhi High Court held that bail application in fraudulent investment scheme is allowed since the applicant has satisfied the twin conditions as envisaged under section 45 of the Prevention of Money Laundering Act, 2002. Accordingly, the bail application is admitted.
Facts- A Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 45 of the Prevention of Money Laundering Act, 2002 has been filed on behalf of the Applicant, Harsatinder Pal Singh Hayer, seeking Regular Bail in ECIR/03/DLZO/2016 dated 26.07.2016. The Applicant claims that he is a law abiding citizen who has been unlawfully arrested in this case on 21.03.2025 in the aforesaid ECIR and has been incarcerated in jail since then. Notably, it is the case of the CBI that M/s Pearls Golden Forest Limited and M/s PACL Limited through its illegal and fraudulent activities has collected thousands of crores of rupees through collective investment schemes in the grab of sale and development of agriculture land from investors all over India.
Conclusion- Held that where the case primarily depends on documentary evidence which is already seized by the Prosecution, there is no possibility of tampering of evidence by the Applicant in case he is granted Bail. Applicant herein not only has satisfied the twin conditions as envisaged under Section 45 PMLA, but also the triple test e. there is no credible apprehension of him being a flight risk, influencing of witnesses, or tampering with evidence. Consequently, the Applicant is admitted to Bail.
