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2025 DIGILAW 1381 (SC)

Sant Kumar Sinha v. Union of India

2025-06-24

K.VINOD CHANDRAN, UJJAL BHUYAN

body2025
ORDER : SLP(Crl) Nos. 15177-15178/2024 1. Heard learned counsel for the petitioner and Shri Zoheb Hussain, learned standing counsel for the respondent(s)/Enforcement Directorate. 2. These Special Leave Petitions are directed against the orders dated 21.06.2023 and 23.08.2024 passed by the Patna High Court rejecting the bail application of the petitioner. 3. Be it stated that petitioner has been named as an accused in a number of cases involving predicate offence. On that basis, Enforcement Directorate (ED) commenced investigation under the Prevention of Money Laundering Act, 2002 (for short, `PMLA’) whereafter the Enforcement Case Information Report (ECIR) came to be filed. Finally, prosecution complaint was filed by the ED on which cognizance has been taken by the Special Court. In this case, petitioner is in custody in connection with the predicate offence since 29.10.2021. 4. On a query by the Court, learned counsel for the parties have informed that charges have not yet been framed, not to speak of the trial commencing. 5. Having regard to the long incarceration of the petitioner and keeping in view the fact that the maximum sentence under PMLA is seven years, we are of the view that present is a fit case for enlarging the petitioner on bail insofar as the PMLA case is concerned. Accordingly, we direct that the petitioner may be produced before the learned Special Court within a maximum period of seven days from today, who shall thereafter release the petitioner on bail on appropriate terms and conditions. 6. The Special Leave Petitions are disposed of. 7. Pending application(s) shall stand disposed of. SLP(Crl) No. 2679/2025 1. Heard learned counsel for the petitioner and Shri Zoheb Hussain, learned standing counsel for the respondent(s)/Enforcement Directorate. 2. This Special Leave Petition is directed against the order dated 07.10.2024 passed by the Patna High Court rejecting the bail application of the petitioner. 3. Be it stated that petitioner has been named as an accused in a number of cases involving predicate offence. On that basis, Enforcement Directorate (ED) commenced investigation under the Prevention of Money Laundering Act, 2002 (for short, `PMLA’) whereafter the Enforcement Case Information Report (ECIR) came to be filed. Finally, prosecution complaint was filed by the ED on which cognizance has been taken by the Special Court. In this case, petitioner is in custody in connection with the predicate offence since 07.08.2021. 4. Finally, prosecution complaint was filed by the ED on which cognizance has been taken by the Special Court. In this case, petitioner is in custody in connection with the predicate offence since 07.08.2021. 4. On a query by the Court, learned counsel for the parties have informed that charges have not yet been framed, not to speak of the trial commencing. 5. Having regard to the long incarceration of the petitioner and keeping in view the fact that the maximum sentence under PMLA is seven years, we are of the view that present is a fit case for enlarging the petitioner on bail insofar as the PMLA case is concerned. Accordingly, we direct that the petitioner may be produced before the learned Special Court within a maximum period of seven days from today, who shall thereafter release the petitioner on bail on appropriate terms and conditions. 6. The Special Leave Petition is disposed of. 7. Pending application(s) shall stand disposed of. SLP(Crl) No. 5905/2025 1. Heard learned senior counsel for the petitioner and Shri Zoheb Hussain, learned standing counsel for the respondent(s)/Enforcement Directorate. 2. This Special Leave Petition is directed against the order dated 07.10.2024 passed by the Patna High Court rejecting the bail application of the petitioner. 3. Be it stated that petitioner has been named as an accused in a number of cases involving predicate offence. On that basis, Enforcement Directorate (ED) commenced investigation under the Prevention of Money Laundering Act, 2002 (for short, `PMLA’) whereafter the Enforcement Case Information Report (ECIR) came to be filed. Finally, prosecution complaint was filed by the ED on which cognizance has been taken by the Special Court. In this case, the petitioner is in custody in connection with the predicate offence since 11.08.2023. 4. On a query by the Court, learned counsel for the parties have informed that charges have not yet been framed, not to speak of the trial commencing. 5. Having regard to the long incarceration of the petitioner, who is a lady, and keeping in view the fact that the maximum sentence under PMLA is seven years, we are of the view that present is a fit case for enlarging the petitioner on bail insofar as the PMLA case is concerned. 5. Having regard to the long incarceration of the petitioner, who is a lady, and keeping in view the fact that the maximum sentence under PMLA is seven years, we are of the view that present is a fit case for enlarging the petitioner on bail insofar as the PMLA case is concerned. Accordingly, we direct that the petitioner may be produced before the learned Special Court within a maximum period of seven days from today, who shall thereafter release the petitioner on bail on appropriate terms and conditions. 6. The Special Leave Petition is disposed of. 7. Pending application(s) shall stand disposed of.