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SC Grants Bail Under PMLA Due to Prolonged Incarceration and Trial Delay

Case Law Details

TaxGuru Citation
2026 taxguru.in 10381
Case Name
Manish Sisodia Vs Directorate of Enforcement (Supreme Court of India)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
09/08/2024
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Manish Sisodia Vs Directorate of Enforcement (Supreme Court of India)

The Supreme Court heard appeals challenging the Delhi High Court’s order dated 21.05.2024 rejecting the appellant’s second bail applications in proceedings arising from ED Case No. HIU-II/14/2022 under the Prevention of Money Laundering Act, 2002 (PMLA) and FIR No. RC0032022A0053 of 2022 registered by the CBI. The appeals arose from the same factual background, the CBI case being the predicate offence and the ED case being based upon it.

The Court noted that the matter had travelled through three rounds of litigation. The appellant was arrested by the CBI on 26.02.2023 and by the ED on 09.03.2023. The CBI filed its charge-sheet on 25.04.2023 for offences under the Prevention of Corruption Act, 1988 and the Indian Penal Code, while the ED filed a complaint under Section 3 of the PMLA on 04.05.2023. The appellant’s first applications for regular bail were rejected by the High Court and thereafter by the Supreme Court on 30.10.2023. In that order, the Supreme Court had recorded the prosecution’s assurance that the trial would be concluded within six to eight months and granted liberty to the appellant to seek fresh bail if the trial was delayed or proceeded at a snail’s pace. After rejection of the second bail applications by the trial court and the High Court, and following filing of the final complaint/charge-sheet, the appellant again approached the Supreme Court.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,146

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