Single judge granted pre-arrest bail to the petitioner following the same reasoning applied in a related case, directing surrender to the Special Court before Patiala subject to standard bail conditions.
Petitioner granted pre-arrest bail; directed to surrender before Special Court, Patiala on fixed date and furnish bail bonds.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRIMINAL MISC.-M No.38304 of 2015 Date of Decision: November 27, 2015
Gurmeet Kaur
....Petitioner
versus
Niranjan Singh, Assistant Director, Directorate of Enforcement, Government of India. .....Respondent
CORAM: HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE HARI PAL VERMA.
Present: Mr.Sandeep Wadhawan, Advocate, for the petitioner. Ms.Ranjana Shahi, Advocate, for the respondent.
-.-
Surya Kant, J. (Oral)
Reply filed on behalf of the respondent is taken on record, a copy whereof handed-over to opposite counsel.
The petitioner seeks pre-arrest bail in case No.ECIR No.02/JLZO/2013 which is a statutory complaint filed under Section 45(1) of the Prevention of Money Laundering Act, 2002, alleging offence committed under Sections 3 & 4 of the Act.
There is no denial that the petitioner's co-accused have been granted conditional bail by this Court vide order dated 16.10.2015 passed in Criminal Misc.-M No.35372 of 2015 (Joginder Kaur and another versus Niranjan Singh, Assistant Director, Directorate of Enforcement, Government of India).
For the reasons assigned in Joginder Kaur and another's case (supra), the instant petition is also allowed in
MOHINDER KUMAR 2015.11.28 11:19 I attest to the accuracy and authenticity of this document Chandigarh
CRM-M No.38304 of 2015 [2]
part; the petitioner is directed to surrender before the Special Court, Patiala on the date fixed or prior thereto and furnish bail bonds to the satisfaction of that Court, subject to the terms and conditions imposed in Joginder Kaur and another's case (supra) and such other terms and conditions as may be imposed
by the Special Court, Patiala.
Dasti.
November 27, 2015 [HARI PAL VERMA] mohinder JUDGE
MOHINDER KUMAR 2015.11.28 11:19 I attest to the accuracy and authenticity of this document Chandigarh
2 issues framed by the court
Whether the petitioner is eligible for pre-arrest bail in a statutory complaint under the Prevention of Money Laundering Act, 2002.
Whether the petitioner's bail can be granted based on the precedent set in Joginder Kaur and another's case.
Colour shows how this judgement treated each authority
Joginder Kaur and another versus Niranjan Singh, Assistant Director, Directorate of Enforcement, Government of IndiaRelied on¶18
Joginder Kaur and another versus Niranjan Singh, Assistant Director, Directorate of Enforcement, Government of India
2 provisions across 1 enactments
Gurmeet Kaur
Niranjan Singh
SURYA KANT
HARI PAL VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
