Sandeepa Virk, accused of money laundering, secures bail on grounds of prolonged custody, absence of prima facie evidence, and being a woman under PMLA provisions.
In a significant ruling, the Delhi High Court has granted regular bail to Sandeepa Virk, an accused under the Prevention of Money Laundering Act, 2002 (PMLA). The court, presided over by Dr. Swarana Kanta Sharma, J., made the decision considering various factors including Virk’s status as a woman, prolonged judicial custody, and the delay in trial proceedings.
The case dates back to an FIR registered in 2016 against Amit Gupta and other accused, including Virk, for allegedly duping a complainant out of Rs. 6 crores by promising her a role in a film. This was followed by an Enforcement Case Information Report (ECIR) in 2025 concerning offenses under Sections 3 and 4 of the PMLA.
The defense, led by Senior Advocate Mr. Anurag Alhuwalia, argued that the allegations against Virk were not substantiated during the initial investigation, and the main accused, Amit Gupta, remains at large. The court noted that the applicant was not charge-sheeted in the initial FIR, and a substantial part of the alleged amount had already been returned to the complainant.
The court acknowledged that under the first proviso to Section 45 of the PMLA, the twin conditions for bail are relaxed for women. It emphasized that bail should be considered based on general principles due to the lack of emergent circumstances and the applicant’s prolonged custody since August 2025.
The Directorate of Enforcement (DoE), represented by Mr. Samrat Goswami, contended that the bail plea was an attempt to downplay a serious case of money laundering. However, the court found no substantial evidence against Virk at this stage and observed that the delay in proceedings and the non-arrest of the main accused justified granting bail.
Sandeepa Virk is required to comply with several conditions, including surrendering her passport, providing her contact information, cooperating with investigations, and attending trial proceedings. This decision underscores the court's approach to balancing judicial discretion with legislative provisions, especially concerning the rights of women under the PMLA.
Bottom Line:
Bail granted under the PMLA to a woman accused, considering her status as a woman under the first proviso of Section 45 and cumulative circumstances including prolonged custody, delay in proceedings, and the main accused being absconding.
Statutory provision(s): Prevention of Money Laundering Act, 2002 Sections 3, 4, 45, Indian Penal Code, 1860 Sections 406, 420, Code of Criminal Procedure, 1973 Section 200.
Sandeepa Virk v. Directorate of Enforcement, (Delhi) : Law Finder Doc id # 2829040
