Professional Update

(Criminal Case laws)

Bail Application no.  2205/2024 (Supreme Court)

Sukanya Mondal

vs

Directorate of Enforcement.  

Ratio.

The Right to a speedy trial is a sacrosanct right and embedded in the article 21 of the constitution. The Accused being a woman, is being granted bail under the PMLA. The court observed that the number of pages in the chargesheet is voluminous, the accused is admitted to Bail. The case related to illegal smuggling of cattle in West Bengal.

Facts.

The appellant has filed for the regular bail application u/s 439 of the Crpc, 1973. The appellant is a 31 year old lady who has been accused of routing the money of Rs. 12,00,00,000 through the web of the companies. The money has beeb accused to be generated by her father in law and her husband via illegal smulling of cattles in the west Bengal to Bangladesh region. The appellant is in ED custody since 26.04.2023. The CBI and the ED has not filed the chargesheet yet. The appellant has prayed for the regular u/s 439 of the Crpc read with section 45 of the PMLA.

Contention of the applicant.

1. The Appellant’s counsel contended that the accused in the custody since 26.03.2023, and given the voluminious record of the prosecution, the chargesheet might take a long due course. There are no. of witness which are yet to be examined. Therefore, on this ground only, the bail should be granted.
2. The appellant is a 31 yearold women, for whom, proviso to section 45 would be applicable. The accused has lost her mother in 2020 and her father is already in judicial cutody. The Hon’ble Supreme court in the matter of Soumya charusia has stated that irrespective of the social status and the education qualification of the women accused. The Proviso to section 45 of the PMLA would operate in full force.
3. The Accused is suffering from the severe medical condition in the jail premises and would be term as sick for the purpose of proviso to section 45 of the PMLA.
4. The Appellant has been made a scapegoat during the entire whimsical and concocted stories framed by the procesution. The appellant has no valid hand in the proceeds of crime and has been illegally arrest by the ED.
5. The Appellant has deep root in the society and therefore, there is no flight risk for the appellant and most of the records have already been under the custody of the prosecution, therefore, the tampering of evidence is out of equation. The appellant is satisfying the tripod test prescribed under the Provision of CrPC.

Contention of the Directorate of Enforcement.

1. The Accused is actively managing the complex web of company wherein, the illegal money is being routed through.
2. The Accused father is already in the judicial custody and the money of Rs. 12,00,00,000 has been directly or indirectly being the proceeds of crime which is being routed through the company managed by the accused.
3. The fund is being made through various other benamidars, whose statement has been recorded u/s 50 of the PMLA, wherein, the co-accused have alleged that there have no ideas of where, the funds have been coming in their bank accounts. The co-accused has confessed about the source of money being known to the accused only.

Findings.

The Hon’ble Delhi High Court has held that the right of the liberty is a sacrosanct right under article 21 of the constitution.

Looking at the number of pages in the Chargesheet which were voluminous, and some were in Bengali which were required to be translated, Sh. Anubrata Mondal (Father) was admitted to bail.    

In the present case, the Applicant is in judicial custody from 26.04.2023. As has been observed in the context of this case itself while deciding bail of Anubrata Mondal (Supra) the documents involved are voluminous and the trial may take a long time to get concluded. Furthermore, the Applicant is a woman who is entitled to bail under Proviso to Section 45 of PMLA, 2002, in the circumstances as narrated above. Considering the totality of the circumstances as narrated above, the Applicant is admitted to regular bail upon her furnishing a personal bond in the sum of Rs. 10,00,000/-

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CA Manoj Garg

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