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Supreme Court of India 2019-12-04 allowed

P. CHIDAMBARAM vs DIRECTORATE OF ENFORCEMENT

Bench: 3 — R. Banumathi, A.S. Bopanna, Hrishikesh Roy

In Brief

P. Chidambaram, a former Union Finance Minister, challenged the High Court's denial of regular bail in a money laundering case under the Prevention of Money Laundering Act. The Supreme Court allowed the appeal, holding that while the gravity of economic offences must be considered, bail cannot be denied solely on that ground when the triple test (flight risk, evidence tampering, witness intimidation) favours the accused. The Court disapproved the High Court's practice of recording substantive findings on merits based on sealed cover documents, emphasizing that detailed examinations of evidence at bail stage prejudice fair trial. Noting the appellant's 45+ days in custody, age (74), health issues, unavailability of evidence tampering risk, and co-accused receiving bail, the Court ordered release on bail with specified conditions.

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Criminal Procedure Bail Prevention of Money Laundering Act, 2002 Economic Offences Anticipatory Bail Evidence - Sealed Cover Fair Trial Custodial Interrogation

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