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Patna High Court

Sandip Kumar SinghversusThe Union of India through the assistant director, Directorate of enforcement, 1st Floor, Chandpura

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner, holding that the prosecution had not demonstrated sufficient material to justify continued detention under the PMLA.

Summary

Sandip Kumar Singh, a low‑paid supervisory employee, applied for regular bail in a PMLA case (Special Trial No. 02 of 2025) arising from an ECIR alleging his involvement in money‑laundering of Rs 83.50 crore proceeds of crime. The Enforcement Directorate alleged that Singh, as owner of the firm N Dimension, received and routed large sums to associates of a fraudulent loan scheme. Singh contended he was falsely implicated, had no direct role, derived no benefit, and suffered from chronic diabetes, while his wife had a serious illness. The Court examined the evidentiary record, noted the lack of direct incriminating documents, Singh’s clean criminal record, his health conditions, and the prolonged pre‑trial detention, and considered extensive Supreme Court jurisprudence on bail under PMLA. Balancing these factors, the Court held that continued detention would violate the right to speedy trial and granted bail with standard conditions.

Issues considered

  • The applicability of Section 45 of the PMLA in denying bail to the petitioner.
  • Whether the petitioner’s alleged transactions constitute participation in money‑laundering under Sections 3 and 4 of the PMLA.
  • Whether the petitioner’s health conditions and lack of direct evidence justify bail.
  • Whether the anticipated duration of trial violates the petitioner’s right to speedy trial under Article 21.

Legislation cited

Subjects

  • bail
  • PMLA
  • money laundering
  • Section 45
  • speedy trial
  • economic offences
  • health considerations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.51347 of 2025
                   Arising Out of PS. Case No.-5 Year-2024 Thana- E.C.I.R (GOVERNMENT OFFICIAL)
                                                       District- Patna
                 ======================================================
                 Sandip Kumar Singh Son of Lal Bahadur Singh Resident of 3rd floor, 1/1A,
                 Motilal sen lane, Narkeldanga, P.S.- Narkeldanga, P.O- Narkeldanga, kolkata
                 700911                                                    ... ... Petitioner/s

                                                    Versus
                 The Union of India through the assistant director, Directorate of enforcement,
                 1st Floor, Chandpura Place, Bank Road, West Gandhi Maidan road, Patna
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s           :       Mr. P.N. Shahi, Sr. Advocate
                                                        Mr. Amit Anand, Advocate
                                                        Mr. Pushkar Prashant, Advocate
                 For the Respondent/UOI/ED      :       Dr. Krishna Nandan Singh (A.S.G.)
                                                        Mr. Prabhat Kumar Singh, Advocate
                                                        Mr. Raghav Raj Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                        CAV ORDER

5   22-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered in connection with Special Trial PMLA Case No. 02 of

                   2025, arising out of ECIR No. PTZO/05/2024, registered under

                   Sections 3 and 4 of the Prevention of Money Laundering Act,

                   2022 (hereinafter referred to as the ‘PMLA’).

                                3. The case of the prosecution, in short, is that the

                   petitioner made accused in this case ECIR/PTZ0/05/2024 dated

                   14.03.2024 relying upon three FIRs viz 1. FIR bearing No. 933

                   of 2023 dated 18.11.2023 of Nagar P.S. Vaishali, under Sections

                   409, 420, 67, 468, 471 and 120B 2. FIR No. 629/2023 dated
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          13/03/2023 relying upon three FIR's viz 1. FIR bearing No

          933/23      dated     18/11/2023          of    Nagar   P.S.   Vaishali,     u/s

          409,420,67,468,471/120B.             2.        FIR   No;-   629/2023       dated

          13/03/2023 of Nagar P.S. Vaishali, u/s 379 & 420 and 3. FIR

          No;- 785/23 dated 30/09/2023 registered in Nagar PS Vaishali,

          u/s 409,420,467,468 & 471 of I.P.C.

                       4. A financial irregularity took place in the Vaishali

          Shahri Vikas Cooperative Bank Ltd., Hajipur, wherein several

          officials of the said bank, in collusion with private individuals

          and entities, allegedly committed offences such as cheating,

          forgery, criminal conspiracy, and misappropriation of public

          funds, resulting in the generation of proceeds of crime to the tune

          of approximately Rs. 83.50 Crores. The ED has alleged that the

          petitioner along with others was involved in layering and

          utilization of these alleged Proceed of Crime (in short ‘PoC’). It

          has been further submitted by the learned advocate of the

          petitioner that petitioner has been falsely implicated in the

          present case without any cogent or credible evidence linking him

          to the commission of any offence under the Prevention of Money

          Laundering Act. Petitioner has no direct or indirect role in the

          commission of the alleged scheduled offence nor he has been

          named as an accused in any of the FIRs relied upon for the

          registration of impugned ECIR/PTZO/05/2024.
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                       5. It is further submitted that petitioner has not derived

          or obtained any monetary gain personal enrichment or pecuniary

          advantage and petitioner does not own or possess any movable or

          immovable property traceable to the alleged PoC. The petitioner

          was merely working in a supervisory capacity in the firm RSDR

          Agri Aqua Llp for a monthly remuneration of Rs. 25,000/- and

          had no involvement in the decision making process or financial

          control of the operation. No incriminating document has been

          produced to indicate that petitioner derived any monetary benefit

          or had any knowledge about the illicit origin of the funds. It has

          been further submitted that the petitioner is a chronic diabetic

          and requires daily insulin therapy, including subcutaneous

          injections of long-acting insulin analogues and prandial insulin

          and his wife is also suffering from uterine fibroid disease.

                       6. As against this the learned counsel for the ED has

          vehemently opposed the bail prayer of the petitioner and has

          submitted that Vipin Tiwari, the then Chief Executive Officer of

          VSV, Sajeev Kumar, the then chairman of loan committee of

          VSV, Saiyad Shahanwaz Wajih, the then manager of VSV and

          others generated PoC by disbursing bank money through 383

          fraud loans amounting to Rs. 83.50 Crores approx based on

          fake/forged warehouse/LIC receipts and later on same was

          transferred to the various suspected persons/entities who were
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          directly or indirectly connected to Vipin Tiwari, Sanjeev Kumar

          and their associates and from the analysis of money trail it was

          found that ICICI Bank Account No. 129205000838 in the name

          of N Dimension were the major receivers from the VSV saving

          Bank Account linked to the fraud accounts. Petitioner Sandip

          Kumar Singh is the owner of N Dimensions and he received

          Rupees 4.151 crores from the fraud loans disbursement and they

          also layered the PoC through various other accounts and routed

          the major part of fraud loan amount to the accounts related to the

          Vipin Tiwari, the then CEO of VSV.

                       7. From perusal of materials available on the record it

          is clear that three FIRs (supra) were filed and as a result of these

          three FIRs, this ECIR was instituted . The allegation is that bank

          officials conspired themselves and embezzled an amount of Rs.

          83.50 Crores through cheating and forgery. During investigation

          it was revealed that an amount of Rs.2.53 Crores was transferred

          from the account of Mehra Travels and 74 lakhs from the account

          of N Dimension to the different personal accounts of Vipin

          Tiwari during the period December, 2021 to December, 2022.

                       8. From perusal of the brief summary of the outcome

          of the investigation under PMLA against Sandeep Kumar Singh

          it is clear that the petitioner Sandeep Kumar Singh is involved in

          the transfer and layering of funds obtained fraudulently from the
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          VSV Co-operative Bank and he is the owner of N Dimension

          which was a major beneficiary of these fraud loans. The ICICI

          bank account No. 129205000838 held in the name of N

          Dimension receives PoC through RTGS/NEFT from VSV Co-

          operative Bank to the tune of Rs. 4,15,10,000/-. The petitioner

          transferred PoC to the bank accounts of Vipin Tiwari, the then

          CEO of VSV amounting to Rs.2,32,16,300/- and received routed

          and layered PoC of Rs.11,87,400/- from Tiwari’s account. He

          transferred PoC of Rs.30,50,000/- to the account of Nitin Mehra,

          another accused and directly received PoC from VSV Co-

          operative bank accounts. The petitioner transferred PoC of Rs.

          28,00,000/- to Mandavi Singh, a VSV co-operative bank

          employee and associate of Vipin Tiwari and received

          routed/layered PoC of Rs.32,00,000/- from Mandavi Singh’s

          bank account. He transferred PoC of Rs. Five lakh to Neeraj

          Tiwari, a relative of Vipin Tiwari. Singh transferred PoC of

          Rs.3,17,700/- to Jitendra Yadav, another associate of Vipin

          Tiwari. He transferred PoC of Rs.5,24,500/- to the account

          related to Anjani Kumar Mishra, another associate of Vipin

          Tiwari for his travels and has transferred Rs.19,20,000/- in the

          various accounts related to Vipin Tiwai maintained in Purvanchal

          Co-operative Bank, Ghazipur. Rs. 1,4,69,190 was deposited into

          the N Dimension account from various locations, with a
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          significant amount in cash deposited from Hajipur, where VSV

          Co-operative Bank was located, after RTGS and NEFT

          transactions from VSV Co-operative Bank accounts. This cash is

          believed to have been deposited by Vipin Tiwari and his

          associates. Rs. 23,00,000 was debited to Al Simran Enterprises

          on January 21, 2021. Sandeep Kumar Singh also withdrew Rs.

          9,00,000 in cash from a Delhi ATM. This cash was used to

          purchase a Toyota Fortuner for Vipin Tiwari's use. The vehicle

          was later returned to Al Simran Enterprises, and the account

          received a credit of Rs. 21,00,000. Singh is involved in the

          fisheries business of Vipin Tiwari in M/S RSDR Agri aqua LLP.

          He transferred PoC of Rs. 22,08,500 to the bank accounts of M/S

          RSDR Agr iaqua LLP and received routed layered PoC and profit

          arose in fisheries business, which is also a part of the PoC, of Rs.

          1,09,91,934. He transferred PoC in the bank accounts of various

          persons related to the fisheries business of Vipin Tiwari in M/S

          RSDR Agriaqua LLP. Singh transferred PoC of Rs. 7,64,642

          towards JCV Works and Rs. 10,59,328 in the accounts of West

          Bengal Electricity Distribution Company for electricity bills

          related to the works of M/S RSDR Agri aqua LLP. He received

          Rs. 17,00,000 from Saurabh with respect to sales in fisheries

          business. Singh transferred PoC to various automobile entities

          for the maintenance and purchase of vehicles used by Vipin
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          Tiwari, including JSU Motors (Rs. 3,40,000), Speed Motors Pvt.

          Ltd. (Rs. 2,13,000), SRM Motors Pvt. Ltd. (Rs. 2,13,000),

          Harlalka Tyre (Rs. 1,16,0000), and Buddha Motors (Rs.

          1,00,000). He transferred PoC of Rs. 2,36,700 to Mahindra

          Holiday Homes and Rs. 42,530 to Make My Trip for Vipin

          Tiwari's tours/trips.

                       9. The learned counsel for the ED has further

          submitted that from above statements it is clear that the petitioner

          is punishable under Sections 3 and 4 of the PMLA Act, 2002.

                       10. Learned counsel for the ED has further submitted

          that in the PMLA cases once a person is accused under this act,

          the burden of proving that the PoC are untainted shall be on the

          accused.

                       11. Heard the learned counsel for the parties.

                       12. Learned counsel for the petitioner has submitted

          that on a comprehensive consideration of the records it is evident

          that the petitioners’ implication rests solely on conjecture and

          association; there is no material to suggest that the petitioner

          knowingly participated in or benefited from any process

          connected with the alleged PoC. The petitioner has no previous

          criminal antecedent.

                       13. Learned counsel for the petitioner has relied on

          following citations :-
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                             (I) Ramkripal Meena v. Enforcement Directorate,

          2024 SCC Online SC 2276 wherein the Hon’ble Apex Court has

          held in Paragraph ‘7’ as under :-

                                          7. Adverting to the prayer for grant of
                                          bail in the instant case, it is pointed
                                          out by learned counsel for ED that the
                                          complaint case is at the stage of
                                          framing of charges and 24 witnesses
                                          are proposed to be examined. The
                                          conclusion of proceedings, thus, will
                                          take some reasonable time. The
                                          petitioner has already been in custody
                                          for more than a year. Taking into
                                          consideration the period spent in
                                          custody and there being no likelihood
                                          of conclusion of trial within a short
                                          span, coupled with the fact that the
                                          petitioner is already on bail in the
                                          predicate offence, and keeping in
                                          view the peculiar facts and
                                          circumstances of this case, it seems to
                                          us that the rigours of Section 45 of the
                                          Act can be suitably relaxed to afford
                                          conditional liberty to the petitioner.
                                          Ordered accordingly.

                             (II) Manish Sisodia v. Enforcement Directorate,

          2024 SCC Online SC 1920 wherein the Hon’ble Supreme Court

          has held in Paragraph ‘52’ as under :-

                                          52. The Court also reproduced the
                                          observations made in Gudikanti
                                          Narasimhulu (supra), which read
                                          thus:
                                          "10. In the aforesaid context, we may
                                          remind the trial courts and the High
                                          Courts of what came to be observed
                                          by this Court in Gudikanti
                                          Narasimhulu v. Public Prosecutor,
                                          High Court reported in (1978) 1 SCC
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                                          240. We quote:
                                          "What is often forgotten, and
                                          therefore warrants reminder, is the
                                          object to keep a person in judicial
                                          custody pending trial or disposal of an
                                          appeal. Lord Russel, C.J., said [R v.
                                          Rose, (1898) 18 Cox]:
                                          "I observe that in this case bail was
                                          refused for the prisoner. It cannot be
                                          too strongly impressed on the,
                                          magistracy of the country that bail is
                                          not to be withheld as a punishment,
                                          but that the requirements as to bail are
                                          merely to secure the attendance of the
                                          prisoner at trial.""

                             (III) Prem Prakash v. Enforcement Directorate,

          (2024) 9 SCC 787 wherein in Paragraph ‘18’ of the judgment,

          the Hon’ble Apex Court has quoted Vijay Madanlal Choudhary

          v. Union of India case, (2023) 12 SCC 1 as under :-

                                          "237. Be that as it may, we may now
                                          proceed to decipher the purport of
                                          Section 24 of the 2002 Act. In the
                                          first place, it must be noticed that the
                                          legal presumption in either case is
                                          about the involvement of proceeds of
                                          crime in money-laundering. This fact
                                          becomes relevant, only if, the
                                          prosecution or the authorities have
                                          succeeded in establishing at least
                                          three basic or foundational facts.
                                          First, that the criminal activity
                                          relating to a scheduled offence has
                                          been committed. Second, that the
                                          property in question has been
                                          derived or obtained, directly or
                                          indirectly, by any person as a result
                                          of that criminal activity. Third, the
                                          person concerned is, directly or
                                          indirectly, involved in any process
                                          or activity connected with the said
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                                          property being proceeds of crime.
                                          On establishing the fact that there
                                          existed proceeds of crime and the
                                          person concerned was involved in
                                          any process or activity connected
                                          therewith, itself, constitutes offence
                                          g of money-laundering. The nature
                                          of process or activity has now been
                                          elaborated in the form of Explanation
                                          inserted vide Finance (No. 2) Act,
                                          2019.     On     establishing     these
                                          foundational facts in terms of Section
                                          24 of the 2002 Act, a legal
                                          presumption would arise that such
                                          proceeds of crime are involved in
                                          money-laundering. The fact that the
                                          person concerned had no causal fact
                                          about his involvement in any process
                                          or activity connected therewith, by
                                          producing evidence in that regard, the
                                          legal presumption would stand the
                                          rebutted.”

                             (IV) V. Senthil Balaji v. Enforcement Directorate,

          2024 SCC Online SC 2626 wherein the Hon’ble Apex Court has

          held in Paragraph ‘27’ of the judgment as under :-

                                          “27. Under the Statutes like PMLA,
                                          the minimum sentence is three years,
                                          and the maximum is seven years. The
                                          minimum sentence is higher when the
                                          scheduled offence is under the NDPS
                                          Act. When the trial of the complaint
                                          under PMLA is likely to prolong
                                          beyond reasonable limits,          the
                                          Constitutional Courts will have to
                                          consider exercising their powers to
                                          grant bail. The reason is that Section
                                          45(1)(ii) does not confer power on the
                                          State to detain an accused for an
                                          unreasonably long time, especially
                                          when there is no possibility of trial
                                          concluding within a reasonable time.
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                                           What a reasonable time is will depend
                                           on the provisions under which the
                                           accused is being tried and other
                                           factors. One of the most relevant
                                           factor is the duration of the minimum
                                           and maximum sentence for the
                                           offence.        Another        important
                                           consideration is the higher threshold
                                           or stringent conditions which a statute
                                           provides for the grant of bail. Even an
                                           outer limit provided by the relevant
                                           law for the completion of the trial, if
                                           any, is also a factor to be considered.”

                             (V)      P.    Chidambram          v.    Directorate     of

          Enforcement, (2020) 13 SCC 791 wherein the Hon’ble Apex

          Court has held as under :-

                                           “A. Criminal Procedure Code, 1973 5. 439
                                           Bail in economic offences involving
                                           corruption and abuse of high public office
                                           (of Union Finance Minister in present
                                           case) - When can be given offences - It
                                           would depend upon facts of each case -
                                           Considerations for grant of bail in present
                                           -Held, it is not a rule that bail (with
                                           appropriate conditions) cannot be granted
                                           in casebe such Case - Appellant directed to
                                           be released on bail subject to executing
                                           bail bonds for sum of Rs 2 lakhs with two
                                           sureties of like sum produced to
                                           satisfaction of Special Judge Other
                                           conditions Petitioner shall not leave
                                           country, shall make himself available for
                                           interrogation, shall not tamper with
                                           evidence, shall not attempt to intimidate
                                           or influence witnesses and shall not give
                                           any press interviews nor make any public
                                           comment in connection with this case qua
                                           him and other co-accused
                                           - It is not a rule that bail should be denied
                                           in case of economic offences – Basic
                                           jurisprudence relating to bail is that bail is
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                                          the rule and refusal is the exception - A
                                          presumably Innocent person must have
                                          freedom to enable him to establish his case
                                          – He must have opportunity of seeking
                                          fair trial - Though gravity of offence is an
                                          important factor and economic offences as
                                          in present case are considered grave,
                                          considerations for grant of bail would
                                          depend upon facts of each case - On facts,
                                          appellant entitled to bail in present case”

                             (VI) Various judgment order of this Court in Cr.

          Misc. Nos. 17036 of 2025 and 22880 of 2025 respectively.

                       14. As against this, learned counsel for the

          Enforcement Directorate has relied on following citations :-

                              (I) Vijay Madanlal Choudhary & Ors. v. Union

          of India & Ors., 2022 SCC Online SC 929 wherein the Hon’ble

          Apex Court has held in Paragraphs ‘269’ and ‘295’ as under :-

                                          269. From the bare language of
                                          Section 3 of the 2002 Act, it is amply
                                          clear that the offence of money-
                                          laundering is an independent offence
                                          regarding the process or activity
                                          connected with the proceeds of crime
                                          which had been derived or obtained as
                                          a result of criminal activity relating to
                                          or in relation to a scheduled offence.
                                          The process or activity can be in any
                                          form- be it one of concealment,
                                          possession, acquisition, use or
                                          proceeds of crime as much as
                                          projecting it as untainted property or
                                          claiming it to be proceeds of crime
                                          would constitute offence of money-
                                          laundering. This offence is otherwise
                                          has nothing to do with the criminal
                                          activity relating to a scheduled offence
                                          – except the proceeds of crime derived
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                                          or obtained as a result of that crime.
                                          295. ….. The sweep of Section 5(1) is
                                          not limited to the accused named in
                                          the criminal activity relating to a
                                          scheduled offence. It would apply to
                                          any person (not necessarily being
                                          accused in the scheduled offence), if
                                          he is involved in any process or
                                          activity connected with the procees of
                                          crime. Such a person besides facing
                                          the consequence of provisional
                                          attachment order, may end up in being
                                          named as accused in the complaint to
                                          be filed by the authorized officer
                                          concerning offence under Section 3 of
                                          the PMLA Act, 2002.
                              (II) Pavanna Dibbur v. Enforcement Directorate,

          (2023) SCC Online SC 1486 wherein the Hon’ble Apex Court

          has held in Paragraphs 15, 17 and 18 as under :-

                                          15. The condition precedent for the
                                          existence of proceeds of crime is the
                                          existence of a scheduled offence. On
                                          this aspect, it is necessary to refer to
                                          the decision of this Court in Vijay
                                          Madanlal Choudhary. In para 109 of
                                          the said decision², this Court held
                                          thus: (SCC p. 166)
                                               "109. Tersely put, it is only such
                                          property which is derived or obtained,
                                          directly or indirectly, as a result of
                                          criminal activity relating to a
                                          scheduled offence that can be
                                          regarded as proceeds of crime. The
                                          authorities under the 2002 Act cannot
                                          resort to action against any person for
                                          money laundering on an assumption
                                          that the property recovered by them
                                          must be proceeds of crime and that a
                                          scheduled       offence    has     been
                                          committed, unless the same is
                                          registered with the jurisdictional
                                          police or pending inquiry by way of
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                                          complaint before the competent
                                          forum. For, the expression "derived or
                                          obtained" is indicative of criminal
                                          activity relating to a scheduled offence
                                          already accomplished. Similarly, in
                                          the event the person named in the
                                          criminal activity relating to a
                                          scheduled offence is finally absolved
                                          by a court of competent jurisdiction
                                          owing to an order of discharge,
                                          acquittal or because of quashing of the
                                          criminal case (scheduled offence)
                                          against him/her, there can be no action
                                          for money laundering against such a
                                          person or person claiming through
                                          him in relation to the property linked
                                          to the stated scheduled offence. This
                                          interpretation      alone     can     be
                                          countenanced on the basis of the
                                          provisions of the 2002 Act, in
                                          particular Section 2(1)(u) read with
                                          Section 3. Taking any other view
                                          would be rewriting of these provisions
                                          and disregarding the express language
                                          of definition clause "proceeds of
                                          crime", as it obtains as of now."
                                             (emphasis in original and supplied)
                                          17. Coming back to Section 3 PMLA,
                                          on its plain reading, an offence under
                                          Section 3 can be committed after a
                                          scheduled offence is committed. For
                                          example, let us take the case of a
                                          person who is unconnected with the
                                          scheduled offence, knowingly assists
                                          the concealment of the proceeds of
                                          crime or knowingly assists the use of
                                          proceeds of crime. In that case, he can
                                          be held guilty of committing an
                                          offence under Section 3 PMLA. To
                                          give a concrete example, the offences
                                          under Sections 384 to 389 IPC relating
                                          to "extortion" are scheduled offences
                                          included in Para 1 of the Schedule to
                                          PMLA. An accused may commit a
                                          crime of extortion covered by Sections
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                                          384 to 389 IPC and extort money.
                                          Subsequently, a person unconnected
                                          with the offence of extortion may
                                          assist the said accused in the
                                          concealment of the proceeds of
                                          extortion. In such a case, the person
                                          who assists the accused in the
                                          scheduled offence for concealing the
                                          proceeds of the crime of extortion can
                                          be guilty of the offence of money-
                                          laundering. Therefore, it is not
                                          necessary that a person against whom
                                          the offence under Section 3 PMLA is
                                          alleged must have been shown as the
                                          accused in the scheduled offence.
                                          What is held in para 135 of the
                                          decision of this Court in Vijay
                                          Madanlal Choudhary supports the
                                          above conclusion. The conditions
                                          precedent for attracting the offence
                                          under Section 3 PMLA are that there
                                          must be a scheduled offence and that
                                          there must be proceeds of crime in
                                          relation to the scheduled offence as
                                          defined in clause (u) of sub-section (1)
                                          of Section 3 PMLA.
                                          18. In a given case, if the prosecution
                                          for the scheduled offence ends in the
                                          acquittal of all the accused or
                                          discharge of all the accused or the
                                          proceedings of the scheduled offence
                                          are quashed in its entirety, the
                                          scheduled offence will not exist, and
                                          therefore, no one can be prosecuted
                                          for the offence punishable under
                                          Section 3 PMLA as there will not be
                                          any proceeds of crime. Thus, in such a
                                          case, the accused against whom the
                                          complaint under Section 3 PMLA is
                                          filed will benefit from the scheduled
                                          offence ending by acquittal or
                                          discharge of all the accused. Similarly,
                                          he will get the benefit of quashing the
                                          proceedings of the scheduled offence.
                                          However, an accused in PMLA case
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                                          who comes into the picture after the
                                          scheduled offence is committed by
                                          assisting in the concealment or use of
                                          proceeds of crime need not be an
                                          accused in the scheduled offence.
                                          Such an accused can still be
                                          prosecuted under PMLA so long as the
                                          scheduled offence exists. Thus, the
                                          second contention raised by the
                                          learned Senior Counsel appearing for
                                          the appellant on the ground that the
                                          appellant was not shown as an accused
                                          in the charge-sheets filed in the
                                          scheduled offences deserves to be
                                          rejected.

                               (III) Tarun Kumar v. Enforcement Directorate,

          (2023) SCC Online SC 1486 wherein the Hon’ble Apex Court

          has held in Paragraphs 13 to 15 as under :-

                                          13. The first and foremost contention
                                          raised by the learned Senior Counsel
                                          Mr Luthra would be that the appellant
                                          was not named in the FIR nor in first
                                          three       prosecution/supplementary
                                          complaints and has been implicated
                                          only on the basis of the statements of
                                          witnesses recorded pursuant to the
                                          summons issued under Section 50 of
                                          the PML Act, without there being any
                                          material in support thereof.

                                          14. In our opinion, there is hardly any
                                          merit in the said submission of Mr
                                          Luthra. In Rohit Tandon v.
                                          Enforcement Directorate, a three-
                                          Judge Bench has categorically
                                          observed that the statements of
                                          witnesses/accused are admissible in
                                          evidence in view of Section 50 of the
                                          said Act and such statements may
                                          make out a formidable case about the
                                          involvement of the accused in the
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                                          commission of a serious offence of
                                          money laundering. Further, as held in
                                          Vijay Madanlal, the offence of money
                                          laundering under Section 3 of the Act
                                          is an independent offence regarding
                                          the process or activity connected with
                                          the proceeds of crime which had been
                                          derived or obtained as a result of
                                          criminal activity relating to or in
                                          relation to a scheduled offence. The
                                          offence of money laundering is not
                                          dependent or linked to the date on
                                          which the scheduled offence or
                                          predicate     offence      has    been
                                          committed. The relevant date is the
                                          date on which the person indulges in
                                          the process or activity connected with
                                          the proceeds of crime. Thus, the
                                          involvement of the person in any of
                                          the     criminal      activities   like
                                          concealment, possession, acquisition,
                                          use of proceeds of crime as much as
                                          projecting it as untainted property or
                                          claiming it to be so, would constitute
                                          the offence of money laundering
                                          under Section 3 of the Act.

                                          15. So far as facts of the present case
                                          are concerned, as transpiring from the
                                          supplementary complaint filed against
                                          the appellant, apart from the
                                          statements of witnesses recorded
                                          under Section 50 of the said Act, there
                                          has been sufficient material collected
                                          in the form of documents which
                                          prima facie show as to how the
                                          appellant was knowingly a party and
                                          actually involved in the process and
                                          in the activities connected with the
                                          proceeds of crime, and how he was
                                          projecting/claiming such proceeds of
                                          crime as untainted and how he was
                                          the beneficiary of the proceeds of
                                          crime acquired through the criminal
                                          activities relating to the scheduled
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                                          offences.

                              (IV)      Rohit      Tandon      vs.   Directorate     of

          Enforcement, (2018) 11 SCC 46 wherein the Hon’ble Apex

          Court has held in Paragraph 31 as under :-

                                          31. Suffice it to observe that the
                                          appellant has not succeeded in
                                          persuading us about the inapplicability
                                          of the threshold stipulation under
                                          Section 45 of the Act. In the facts of
                                          the present case, we are in agreement
                                          with the view taken by the Sessions
                                          Court and by the High Court. We have
                                          independently examined the materials
                                          relied upon by the prosecution and
                                          also noted the inexplicable silence or
                                          reluctance of the appellant in
                                          disclosing the source from where such
                                          huge value of demonetised currency
                                          and also new currency has been
                                          acquired by him. The prosecution is
                                          relying on statements of 26
                                          witnesses/accused already recorded,
                                          out of which 7 were considered by the
                                          Delhi High Court. These statements
                                          are admissible in evidence, in view of
                                          Section 50 of the 2002 Act. The same
                                          makes out a formidable case about the
                                          involvement of the appellant in
                                          commission of a serious offence of
                                          money laundering. It is, therefore, not
                                          possible for us to record satisfaction
                                          that there are reasonable grounds for
                                          believing that the appellant is not
                                          guilty of such offence. Further, the
                                          courts below have justly adverted to
                                          the antecedents of the appellant for
                                          considering the prayer for bail and
                                          concluded that it is not possible to
                                          hold that the appellant is not likely to
                                          commit any offence ascribable to the
                                          2002 Act while on bail. Since the
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                                          threshold stipulation predicated in
                                          Section 45 has not been overcome, the
                                          question of considering the efficacy of
                                          other points urged by the appellant to
                                          persuade the Court to favour the
                                          appellant with the relief of regular bail
                                          will be of no avail. In other words, the
                                          fact that the investigation in the
                                          predicate offence instituted in terms of
                                          FIR No. 205/2016 or that the
                                          investigation qua the appellant in the
                                          complaint CC No. 700 of 2017 is
                                          completed; and that the proceeds of
                                          crime are already in possession of the
                                          investigating agency and provisional
                                          attachment order in relation thereto
                                          passed on 13-2-2017 has been
                                          confirmed; or that charge-sheet has
                                          been filed in FIR No. 205/2016
                                          against the appellant without his
                                          arrest; that the appellant has been
                                          lodged in judicial custody since 2-1-
                                          2017 and has not been interrogated or
                                          examined by the Enforcement
                                          Directorate thereafter; all these will be
                                          of no consequence.
                              (V) Vijay Madanlal Choudhary & Ors vs. Union

          of India & Ors, (2022) SCC Online SC 929 wherein the Hon’ble

          Apex Court has held in Paragraphs 412, 413 and 416 as under :-

                                          412. As a result, we have no
                                          hesitation in observing that in
                                          whatever form the relief is couched
                                          including the nature of proceedings,
                                          be it under Section 438 of the 1973
                                          Code or for that matter, by invoking
                                          the jurisdiction of the Constitutional
                                          Court, the underlying principles and
                                          rigors of Section 45 of the 2002 must
                                          come into play and without exception
                                          ought to be reckoned to uphold the
                                          objectives of the 2002 Act, which is a
                                          special legislation providing for
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                                          stringent regulatory measures for
                                          combating the menace of money-
                                          laundering.
                                          413. There is, however, an exception
                                          carved out to the strict compliance of
                                          the twin conditions in the form of
                                          Section 436A of the 1973 Code, which
                                          has come into being on 23.6.2006 vide
                                          Act 25 of 2005. This, being the
                                          subsequent law enacted by the
                                          Parliament, must prevail, Section
                                          436A of the 1973 Code reads as under:
                                                  [436A. Maximum period for
                                          which an undertrial prisoner can be
                                          detained. - Where a person has,
                                          during the period of investigation,
                                          inquiry or trial under this Code of an
                                          offence under any law (not being an
                                          offence for which the punishment of
                                          death has been specified as one of the
                                          punishments       under    that   law)
                                          undergone detention for a period
                                          extending up to one-half of the
                                          maximum period of imprisonment
                                          specified for that offence under that
                                          law, he shall be released by the Court
                                          on his personal bond with or without
                                          sureties:
                                                  Provided that the Court may,
                                          after hearing the Public Prosecutor
                                          and for reasons to be recorded by it in
                                          writing, order the continued detention
                                          of such person for a period longer
                                          than one-half of the said period or
                                          release him on bail instead of the
                                          personal bond with or without
                                          sureties:
                                                  Provided further that no such
                                          person shall in any case be detained
                                          during the period of investigation,
                                          inquiry or trial for more than the
                                          maximum period of imprisonment
                                          provided for the said offence under
                                          that law.
                                                  Explanation.- In computing the
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                                          period of detention under this section
                                          for granting bail, the period of
                                          detention passed due to delay in
                                          proceeding caused by the accused
                                          shall be excluded.]"
                                          416. The Union of India also
                                          recognized the right to speedy trial
                                          and access to justice as fundamental
                                          right in their written submissions and,
                                          thus, submitted that a limited situation
                                          right of bail can be granted in case of
                                          violation of Article 21 of the
                                          Constitution. Further, it is to be noted
                                          that the Section 436A of the 1973
                                          Code was inserted after the enactment
                                          of the 2002 Act. Thus, it would not be
                                          appropriate to deny the relief of
                                          Section 436A of the 1973 Code which
                                          is a wholesome provision beneficial
                                          to a person accused under the 2002
                                          Act. However, Section 436A of the
                                          1973 Code, does not provide for an
                                          absolute right of bail as in the case of
                                          default bail under Section 167 of the
                                          1973 Code. For, in the fact situation
                                          of a case, the Court may still deny the
                                          relief owing to ground, such as where
                                          the trial was delayed at the instance of
                                          accused himself.


                              (VI) State of Gujarat vs. Mohanlal Jitamajli

          Porwal, (1987) 2 SCC 364 wherein the Hon’ble Apex Court has

          held in Paragraph ‘5’ as under :-

                                          5. The next question which arises is as
                                          regards the request made by the
                                          learned Assistant Public Prosecutor for
                                          adducing additional evidence in order
                                          to prove letter Ex. 26 received from
                                          the Mint Master certifying that the
                                          article in question was made of gold of
                                          the purity of 99.60. The request was
                                          made in order to invoke the powers of
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                                          the court under Section 391 of the
                                          Code of Criminal Procedure, 1973,
                                          which inter alia provides that in
                                          dealing with any appeal under Chapter
                                          29 the appeal court, if it thinks
                                          additional evidence to be necessary,
                                          shall record its reasons and may either
                                          take such evidence itself or ask it to be
                                          taken by a Magistrate. The High Court
                                          rejected the prayer on the ground that
                                          it did not consider it "expedient in the
                                          interests of justice to open a new vista
                                          of evidence" in view of the fact that
                                          the offence had taken place six years
                                          back. The mere fact that six years had
                                          elapsed, for which time -lag the
                                          prosecution was in no way
                                          responsible, was no good ground for
                                          refusing to act in order to promote the
                                          interests of justice in an age when
                                          delays in the court have become a part
                                          of life and the order of the day. Apart
                                          from the fact that the alleged lacuna
                                          was a technical lacuna in the sense
                                          that while the opinion of the Mint
                                          Master had admittedly been placed on
                                          record it had not been formally proved
                                          the report completely supported the
                                          case of the prosecution that the gold
                                          was of the specified purity To deny the
                                          opportunity to remove the formal
                                          defect was to abort a case against an
                                          alleged economic offender. Ends of
                                          justice are not satisfied only when the
                                          accused in a criminal case is acquitted.
                                          The community acting through the
                                          State and the Public Prosecutor is also
                                          entitled to justice. The cause of the
                                          community deserves equal treatment
                                          at the hands of the court in the
                                          discharge of its judicial functions. The
                                          community or the State is not a
                                          persona-non-grata whose cause may
                                          be treated with disdain. The entire
                                          community is aggrieved if the
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                                          economic offenders who ruin the
                                          economy of the State are not brought
                                          to book. A murder may be committed
                                          in the heat of moment upon passions
                                          being aroused. An economic offence is
                                          committed with cool calculation and
                                          deliberate design with an eye on
                                          personal profit regardless of the
                                          consequence to the community. A
                                          disregard for the interest of the
                                          community can be manifested only at
                                          the cost of forfeiting the trust and faith
                                          of the community in the system to
                                          administer justice in an even-handed
                                          manner without fear of criticism from
                                          the quarters which view white collar
                                          crimes with a permissive eye
                                          unmindful of the damage done to the
                                          national economy and national
                                          interest. The High Court was therefore
                                          altogether unjustified in rejecting the
                                          application made by the learned
                                          Assistant Public Prosecutor invoking
                                          the powers of the Court under Section
                                          391 of the Code of Criminal
                                          Procedure. We are of the opinion that
                                          the application should have been
                                          granted in the facts and circumstances
                                          of the case with the end in view to do
                                          full and true justice. The application
                                          made by the learned Assistant Public
                                          Prosecutor is therefore granted. The
                                          High Court will issue appropriate
                                          directions for the recording of the
                                          evidence to prove the report of the
                                          Mint Master under Section 391 CrPC
                                          when the matter goes back to the High
                                          Court and is listed for directions. The
                                          appeal is therefore allowed. The order
                                          of acquittal is set aside. The matter is
                                          remitted to the High Court for
                                          proceeding further in accordance with
                                          law in the light of the above said
                                          directions.
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                              (VII) Union of India vs. Kanhaiya Prasad, (2025)

          SCC Online SC 306 wherein the Hon’ble Supreme Court has

          held in Paragraph ‘21’ as under :-

                                          21. As well settled, the offence of
                                          money laundering is not an ordinary
                                          offence. The PMLA has been enacted
                                          to deal with the subject of money
                                          laundering        activities     having
                                          transnational impact on financial
                                          systems including sovereignty and
                                          integrity of the countries. The offence
                                          of money laundering has been
                                          regarded as an aggravated form of
                                          crime world over and the offenders
                                          involved in the activity connected with
                                          the Proceeds of Crime are treated as a
                                          separate class from ordinary criminals.
                                          Any casual or cursory approach by the
                                          Courts while considering the bail
                                          application of the offender involved in
                                          the offence of money laundering and
                                          granting him bail by passing cryptic
                                          orders without considering the
                                          seriousness of the crime and without
                                          considering the rigours of Section 45,
                                          cannot be vindicated.



                       15. After hearing learned counsels for the parties, I

          would like to quote Paragraphs 25 to 29 of the judgment of

          Hon’ble Apex Court in the case of V. Senthil Balaji (supra) as

          under :-

                                          25. Considering the gravity of the
                                          offences in such statutes, expeditious
                                          disposal of trials for the crimes under
                                          these statutes is contemplated.
                                          Moreover, such statutes contain
                                          provisions laying down higher
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                                          threshold for the grant of bail. The
                                          expeditious disposal of the trial is also
                                          warranted considering the higher
                                          threshold set for the grant of bail.
                                          Hence, the requirement of expeditious
                                          disposal of cases must be read into
                                          these statutes. Inordinate delay in the
                                          conclusion of the trial and the higher
                                          threshold for the grant of bail cannot
                                          go together. It is a well-settled
                                          principle of our criminal jurisprudence
                                          that "bail is the rule, and jail is the
                                          exception." These stringent provisions
                                          regarding the grant of bail, such as
                                          Section 45(1)(iii) of the PMLA,
                                          cannot become a tool which can be
                                          used to incarcerate the accused
                                          without trial for an unreasonably long
                                          time.
                                          26. There are a series of decisions of
                                          this Court starting from the decision
                                          in the case of K.A. Najeeb², which
                                          hold that such stringent provisions for
                                          the grant of bail do not take away the
                                          power of Constitutional Courts to
                                          grant bail on the grounds of violation
                                          of Part III of the Constitution of India.
                                          We have already referred to paragraph
                                          17 of the said decision, which lays
                                          down that the rigours of such
                                          provisions will melt down where
                                          there is no likelihood of trial being
                                          completed in a reasonable time and
                                          the period of incarceration already
                                          undergone has exceeded a substantial
                                          part of the prescribed sentence. One
                                          of the reasons is that if, because of
                                          such provisions, incarceration of an
                                          undertrial accused is continued for an
                                          unreasonably       long     time,     the
                                          provisions may be exposed to the vice
                                          of being violative of Article 21 of the
                                          Constitution of India.
                                          27. Under the Statutes like PMLA,
                                          the minimum sentence is three years,
Patna High Court CR. MISC. No.51347 of 2025(5) dt.22-01-2026
                                           26/29




                                          and the maximum is seven years. The
                                          minimum sentence is higher when the
                                          scheduled offence is under the NDPS
                                          Act. When the trial of the complaint
                                          under PMLA is likely to prolong
                                          beyond reasonable limits, the
                                          Constitutional Courts will have to
                                          consider exercising their powers to
                                          grant bail. The reason is that Section
                                          45(1)(ii) does not confer power on the
                                          State to detain an accused for an
                                          unreasonably long time, especially
                                          when there is no possibility of trial
                                          concluding within a reasonable time.
                                          What a reasonable time is will depend
                                          on the provisions under which the
                                          accused is being tried and other
                                          factors. One of the most relevant
                                          factor is the duration of the minimum
                                          and maximum sentence for the
                                          offence.       Another        important
                                          consideration is the higher threshold
                                          or stringent conditions which a statute
                                          provides for the grant of bail. Even an
                                          outer limit provided by the relevant
                                          law for the completion of the trial, if
                                          any, is also a factor to be considered.
                                          The extraordinary powers, as held in
                                          the case of K.A. Najeeb², can only be
                                          exercised by the Constitutional
                                          Courts.     The     Judges     of    the
                                          Constitutional Courts have vast
                                          experience. Based on the facts on
                                          record, if the Judges conclude that
                                          there is no possibility of a trial
                                          concluding in a reasonable time, the
                                          power of granting bail can always be
                                          exercised by the Constitutional Courts
                                          on the grounds of violation of Part III
                                          of the Constitution of India
                                          notwithstanding        the     statutory
                                          provisions. The Constitutional Courts
                                          can always exercise its jurisdiction
                                          under Article 32 or Article 226, as the
                                          case may be. The Constitutional
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                                          Courts have to bear in mind while
                                          dealing with the cases under the
                                          PMLA that, except in a few
                                          exceptional cases, the maximum
                                          sentence can be of seven years. The
                                          Constitutional Courts cannot allow
                                          provisions like Section 45 (1)(ii) to
                                          become instruments in the hands of
                                          the ED to continue incarceration for a
                                          long time when there is no possibility
                                          of a trial of the scheduled offence and
                                          the PMLA offence concluding within
                                          a     reasonable      time.    If    the
                                          Constitutional Courts do not exercise
                                          their jurisdiction in such cases, the
                                          rights of the undertrials under Article
                                          21 of the Constitution of India will be
                                          defeated. In a given case, if an undue
                                          delay in the disposal of the trial of
                                          scheduled offences or disposal of trial
                                          under the PMLA can be substantially
                                          attributed to the accused, the
                                          Constitutional Courts can always
                                          decline to exercise jurisdiction to
                                          issue prerogative writs. An exception
                                          will also be in a case where,
                                          considering the antecedents of the
                                          accused, there is every possibility of
                                          the accused becoming a real threat to
                                          society if enlarged on bail. The
                                          jurisdiction to issue prerogative writs
                                          is always discretionary.
                                          28. Some day, the courts, especially
                                          the Constitutional Courts, will have to
                                          take a call on a peculiar situation that
                                          arises in our justice delivery system.
                                          There are cases where clean acquittal
                                          is granted by the criminal courts to
                                          the accused after very long
                                          incarceration as an undertrial. When
                                          we say clean acquittal, we are
                                          excluding the cases where the
                                          witnesses have turned hostile or there
                                          is a bona fide defective investigation.
                                          In such cases of clean acquittal,
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                                          crucial years in the life of the accused
                                          are lost. In a given case, it may
                                          amount to violation of rights of the
                                          accused under Article 21 of the
                                          Constitution which may give rise to a
                                          claim for compensation.
                                          29. As stated earlier, the appellant has
                                          been incarcerated for 15 months or
                                          more for the offence punishable under
                                          the PMLA. In the facts of the case, the
                                          trial of the scheduled offences and,
                                          consequently, the PMLA offence is not
                                          likely to be completed in three to four
                                          years or even more. If the appellant's
                                          detention is continued, it will amount
                                          to an infringement of his fundamental
                                          right under Article 21 of the
                                          Constitution of India of speedy trial.

                       16. The petitioner is in custody since 12.01.2025 and

          in predicate offence, there is no direct allegation against him and

          he is on bail in predicate offence. No material to show that he has

          received any part of POC in his account. He was just and

          employee getting Rs.25,000/- per month as salary and from

          perusal of the order of the learned trial court it is clear that the

          trial has still not started. The petitioner is also suffering from

          diabetes and he is on insulin and his wife is also suffering from

          uterine fibroid disease.

                       17. Considering the above facts and circumstances of

          the case, this Court is inclined to grant bail to the petitioner with

          the condition that the petitioner shall co-operate in the trial; shall

          not leave the country; shall deposit his passport in the learned
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                      trial court and shall regularly appear in the trial on each and

                      every date.

                                    18. The above named petitioner is directed to be

                      released on bail in connection with Special Trial PMLA Case No.

                      02 of 2025, arising out of ECIR No. PTZO/05/2024 on

                      furnishing bail bond of Rs.1,00,000/- (Rupees One Lakh) with

                      two sureties of the like amount each to the satisfaction of learned

                      Additional Sessions Judge-XVI-cum-Special Judge, PMLA,

                      Patna.

                                    19. Accordingly, the present bail application of the

                      petitioner stands allowed with the conditions stated above.



                                            (Ashok Kumar Pandey, J)
Durgesh/-

AFR/NAFR               NAFR
CAV DATE               17.12.2025
Uploading Date         22.01.2026
Transmission Date      22.01.2026


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