SC grants Interim Bail for PMLA Accused in absence of Predicate Offence
The bench directed that the petitioner should be released on interim bail subject to his furnishing bail bonds to the satisfaction of the special court, Raipur, Chhattisgarh
SC – Interim Bail – PMLA Accused – Predicate Offence taxscan
SC – Interim Bail – PMLA Accused – Predicate Offence taxscan
The Supreme Court has granted interim bail to a Chhattisgarh-based businessman, who was arrested in connection with a money laundering case involving the illegal levy on coal transportation. The Court dismissed the interim bail in absence of predicate offence under Section 384 of IPC or any other provision of IPC against him.
Sunil Kumar Agarwal, the applicant moved the apex court assailing the Chhattisgarh High Court, which rejected his bail on April 8. Agarwal was represented by senior advocate Mukul Rohatgi and advocates Tushar Giri and Sahil Bhalaik.
The apex court had queried the additional solicitor general SV Raju, representing the ED, that there must be a predicate offence registered in the case. “Otherwise, how can the agency proceed on its own? PMLA is a parasitic offence. It must have a predicate offence to survive. It doesn’t have its legs to stand”.
The department argued that investigation into money laundering offences was independent of the probe conducted by any other law enforcement agency in a predicate offence.
The bench granted six weeks to ED to find out the status of that investigation and place on record the additional affidavit, along with the relevant material.
The bench said Agarwal has already undergone incarceration for about one year and seven months and he is not named as the accused in the 2022 FIR or the chargesheet dated June 8, 2023.
A two judge bench comprising justices Surya Kant and Vishwanathan held that “As of date there is no predicate offence under Section 384 of IPC or any other provision of IPC against the petitioner. The chargesheet has been filed only under Sections 204 and 353 of IPC, and both are not scheduled offences under the Prevention of Money Laundering Act ( PMLA )”.
The apex court directed that the petitioner should be released on interim bail subject to his furnishing bail bonds to the satisfaction of the special court, Raipur, Chhattisgarh. The matter has been scheduled for further hearing on August 7.
To Read the full text of the Order CLICK HERE
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