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HC dismisses plea to set aside bail granted to accused in money laundering case

January 15, 2020[2020] 113 300 (Delhi)

FEMA, BANKING & INSURANCE/PMLA: A bail once granted should not be cancelled in a mechanical manner without considering any supervening circumstances which is not conducive to fair trial. It cannot be cancelled on a request from side of complainant/investigating agency unless and until it is established that same was being misused and it is no longer conducive in interest of justice to allow accused any further to remain on bail. No doubt, bail can be cancelled only in those discerning few cases where it is established that a person to whom concession of bail has been granted is misusing same

• Whether where respondent accused of offence of money laundering had been granted bail by Special judge, in view of fact that there was no apprehension of respondent absconding and there was no likelihood of respondent tampering with evidence or influencing witnesses as their statements had already been recorded and are part of judicial record and further respondent having already undergone around 100 days judicial custody and had been interrogated substantially during remand and in judicial custody, no ground to interfere with impugned order was made out.

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