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Mohd Enamul Haque Through His Pairokar ... vs Directorate Of Enforcement Through ... on 29 July, 2024

59. The next plank of argument on behalf of the applicant that investigation qua the applicant is complete and trial is likely to take long and therefore, applicant ought not to be incarcerated indefinitely, cannot be accepted in view of the finding in the earlier part of the judgment that applicant has failed to cross the threshold of the twin conditions in Section 45 of PMLA. This exact contention was raised in Tarun Kumar (supra) and the observations of the Supreme Court, rejecting the contention on the ground that if the applicant does not cross the threshold in Section 45 of PMLA i.e. fails to prima facie prove that he is not guilty of the alleged offence and is not likely to commit any offence while on bail, merely Signature Not Verified Digitally Signed BAIL APPLN. 1869/2022 Page 51 of 57 By:KAMAL KUMAR Signing Date:31.07.2024 11:03:10 because there is long incarceration or investigation is on-going cannot be a ground to grant bail, are as follows:-
Delhi High Court Cites 76 - Cited by 0 - J Singh - Full Document

Amandeep Singh Dhall vs Directorate Of Enforcement on 17 September, 2024

62. Reliance has also been placed on the decisions in Tarun Kumar vs. Enforcement Directorate, 2023 SCC OnLine SC 1486, Satyender Kumar Jain vs. Directorate of Enforcement decided vide SLP (Crl) 6561/2023, State of Bihar & Anr. vs. Amit Kumar, (2017) 13 SCC 751 and Religare Finvest Ltd. vs. State of NCT of Delhi &Anr., decided vide CRL.M.C. 796/2021 by the Co-ordinate Bench of this Court on 14.06.2021.
Delhi High Court Cites 40 - Cited by 0 - N B Krishna - Full Document

Jasmeet Singh @ Ginni vs The State (Govt. Of Nct Of Delhi) on 3 July, 2024

(iii) Tarun Kumar vs. Enforcement Directorate, 2023 SCC OnLine SC 1486, on para 10 of Salim vs. State of U.P., 2002 SCC OnLine ALL 1740, Signature Not Verified DigitallySigned By:SAHIL SHARMA BAIL APPLN. 3658/2023 Page 6 of 7 Signing Date:08.07.2024 20:48:08 on para 16 of Ashwani Kumar Sharma vs. State (GNCT Of Delhi), 2016 SCCC OnLine Del 4919, on para 15 of Harbhajan Singh vs. State, 2016 SCC OnLine Del 4920, Suresh Gupta vs. State, 2016 SCC OnLine Del 4760, and Nanha vs. State of U.P., 1992 SCC OnLine ALL 871, to argue that parity cannot be the sole ground for granting bail and new developments have to be taken into consideration.
Delhi High Court Cites 24 - Cited by 0 - N B Krishna - Full Document

Sanjay Kansal vs Assistant Director, Ed on 9 May, 2024

29. Learned Special Counsel for the ED has relied on a judgment of Hon'ble Supreme Court in Tarun Kumar (supra) to demonstrate that the appellant therein while not being named in the FIR or in the first three prosecution complaints was implicated on the basis of the statement under Section 50 of the PMLA. It is noted that the appellant, therein, was Vice President of Purchases and thus, in the said capacity was responsible for the day-to-day operations of the said company. It is further noted that the Hon'ble Supreme Court has further observed that the role of the appellant, therein, was also made out from the financials, where direct loan funds were siphoned to other sister concerns of the said company where the appellant, therein, was either a shareholder or a director.
Delhi High Court Cites 58 - Cited by 0 - A Sharma - Full Document

Manish Sisodia vs Directorate Of Enforcement on 21 May, 2024

159. Similarly, in case of Tarun Kumar (supra),while dismissing the bail of the accused therein, it was held by the Hon'ble Apex Court that the agencies have to take a lot of minute exercise in cases involving intricate nature of transactions and that the economic offences are are to be visited with a different approach. The relevant observations are extracted hereunder:
Delhi High Court Cites 35 - Cited by 0 - S K Sharma - Full Document

Manish Sisodia vs Central Bueraeu Of Investigation on 21 May, 2024

159. Similarly, in case of Tarun Kumar (supra),while dismissing the bail of the accused therein, it was held by the Hon'ble Apex Court that the agencies have to take a lot of minute exercise in cases involving intricate nature of transactions and that the economic offences are are to be visited with a different approach. The relevant observations are extracted hereunder:
Delhi High Court Cites 35 - Cited by 0 - S K Sharma - Full Document
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