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1 - 10 of 41 (1.48 seconds)Kalvakuntla Kavitha vs Central Bureau Of Investigation on 1 July, 2024
In case of Tarun Kumar v. Enforcement Directorate 2023
SCC OnLine SC 1486, the Hon'ble Apex Court has held as under:
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:-
Sehegal Hossain vs Directorate Of Enforcement & Anr. on 4 October, 2024
Again, in
Tarun Kumar (Supra) the Hon'ble Supreme Court observed that "the Court
is required to be satisfied that there are reasonable grounds for believing
that the accused is not guilty of such offence, and he is not likely to commit
any offence while on bail."
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.
Zeeshan Haider vs Directorate Of Enforcement on 1 July, 2024
In case of Tarun Kumar v. Enforcement Directorate 2023
SCC OnLine SC 1486, the Hon‟ble Apex Court had held as under:
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.
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.
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:
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: