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Supreme Court of India 2023-05-12 allowed

Directorate of Enforcement vs Aditya Tripathi

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The Enforcement Directorate appealed against bail orders granted by the High Court to accused persons in a money laundering investigation involving alleged bid-rigging for Rs. 1769 crore worth of water corporation contracts. The Supreme Court held that the High Court erred in granting bail without properly considering the stringent requirements of Section 45 of the Prevention of Money Laundering Act, 2002, which mandates that courts must be satisfied the accused is not guilty before release. The Court emphasized that ongoing Enforcement Directorate investigation into money laundering offences is separate from investigation into the predicated offences, and completion of chargesheet for the latter does not justify bail when the former is still proceeding. The appeals were allowed and matters remitted for fresh bail consideration.

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Money Laundering Criminal Procedure Bail Prevention of Corruption

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