Court Recognizes Prolonged Detention and Grants Bail under PMLA and BNSS Provisions
In a significant ruling, the Delhi High Court has granted bail to Leena Paulose, who was accused in a money laundering case, recognizing her prolonged detention under the Prevention of Money Laundering Act, 2002 (PMLA) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The judgment was delivered by Justice Prateek Jalan, who underscored the discretionary power vested in courts to grant bail to women accused without adhering to the twin conditions of Section 45 of the PMLA, unless exceptional reasons are demonstrated.
Leena Paulose, the petitioner, has been in judicial custody for over four years and six months in connection with the case involving financial transactions linked to her husband, Sukesh Chandrasekhar, who is alleged to have extorted over Rs. 200 crores from Aditi Singh under false pretenses. The High Court acknowledged that Paulose, being a woman, was entitled to bail under the proviso to Section 45 of the PMLA, which allows women accused to be released on bail without fulfilling the stringent conditions ordinarily required.
Moreover, the court took into consideration the provisions under Section 479 of the BNSS, which entitle an undertrial prisoner to bail if they have been detained for half the maximum prescribed sentence. In this case, Paulose was eligible as she had been detained for more than four years against a maximum sentence of seven years. Justice Jalan emphasized the importance of safeguarding fundamental rights, noting that prolonged detention without a foreseeable conclusion of the trial violates the right to a speedy trial guaranteed under Article 21 of the Indian Constitution.
The court also addressed the issue of parity, observing that co-accused with similar or graver allegations had already been granted bail. Paulose's role was primarily confined to handling and utilization of the proceeds of crime, which justified her entitlement to bail, especially given that other accused involved directly in laundering and layering the proceeds were released on bail.
Justice Jalan laid down several conditions for bail, including surrendering her passport, regular court appearances, and maintaining communication with the investigating officer, ensuring that Paulose adheres to the legal process while on bail. The court's decision reflects a balanced approach towards ensuring justice and liberty, while also maintaining the integrity of the judicial process.
The judgment serves as a precedent highlighting the court's role in interpreting statutory provisions holistically, especially concerning the rights of women under trial, and underscores the judicial discretion in granting bail in cases of prolonged detention.
Bottom line:-
Bail under Section 45 of the PMLA - Women accused entitled to benefit of the proviso to Section 45 of the PMLA without being subjected to twin conditions unless exceptional reasons are demonstrated. Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides additional grounds for bail in cases of prolonged detention.
Statutory provision(s): Prevention of Money Laundering Act, 2002 Section 45, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 479, Constitution of India, 1950 Article 21
Leena Paulose v. Directorate of Enforcement, (Delhi) : Law Finder Doc id # 2893453
