ECIR Registered 9 Years After Alleged PMLA Offence, Main Accused Still Free: Delhi HC Grants Bail to Co-Accused [Read Order]

The Delhi High Court has granted regular bail to a woman accused in a money laundering case. The court noted that the Enforcement Directorate (ED) filed the case almost nine years after the alleged crime, and the main accused is still not arrested.

The case arose from an FIR registered in 2016 in Mohali, Punjab. The FIR alleged that about Rs. 6 crore was taken from the complainant and her family by promising her a lead role in a film. The main accused in the case is Amit Gupta, who was later declared a proclaimed offender.

During the police investigation, Sandeepa Virk (the applicant) was not charge sheeted. Even in later private complaint proceedings, the court did not find enough material to summon her. It was also observed that around Rs. 2.7 crore was already returned to the complainant.

Nearly nine years after the alleged transactions, the ED registered an ECIR in August 2025 and arrested Sandeepa Virk within one day of registering the ECIR.

The applicant told the High Court that her arrest was unfair, specially when the main accused was not arrested till date. She also said that investigation against her is already complete and she was in custody for several months.

The ED’s counsel opposed the bail and said that she had received part of the money linked to the offence and bought properties from that money. The agency also claimed that she destroyed her mobile phone to hide evidence.

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Justice Swarana Kanta Sharma did not agree with the ED at this stage. It observed that Sandeepa Virk is a woman, and as per law, strict bail conditions under the PMLA does not apply to women. The court also noted the long delay in registering the ECIR and the fact that the main accused is still not in custody.

The court said that keeping her in jail for long time, when the trial will take time, would be unfair.

Based on these reasons, the Delhi High Court granted bail to Sandeepa Virk with conditions like surrendering passport, cooperating with investigation and not influencing witnesses. The court also clarified that these observations are only for bail and not on the final decision of the case.

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