Shashi Bala @ Shashi Bala Singh Vs Directorate of Enforcement (Supreme Court of India)
Supreme Court granted bail to women who is accused in complaint filed u/s. 44 of the Prevention of Money Laundering Act, 2002 since there is no possibility of the trial concluding in near future.
Facts- The appellant is an accused in a complaint filed under Section 44 of the Prevention of Money Laundering Act, 2002. The appellant has been under incarceration since 25th November, 2023. Admittedly, the appellant is a woman.
Conclusion- Held that as rigours of clause (ii) of sub-Section (1) of Section 45 of the PMLA will not apply, the Special Court ought to have treated the application as the one under Section 439 of the Code of Criminal Procedure, 1973 or Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023. Hence, the first proviso to sub-Section (1) of Section 437 of the Cr.P.C. (the first proviso to sub-Section (1) of Section 480 of the BNSS) will apply. As the predicate offence is not under the Narcotic Drugs and Psychotropic Substances Act, 1985, the maximum sentence can be of 7 years. The appellant is a woman. There is no possibility of the trial concluding in near future, considering the fact that 67 witnesses are to be examined. There are no antecedents of the appellant brought on record. Therefore, a case is made out for enlarging the appellant on bail till the conclusion of the trial.
