When the FIR is registered under particular offences which include the offences mentioned in the Schedule to the PMLA, it is the court of competent jurisdiction, which would decide whether the Charge is required to be framed against the accused for the scheduled offence or not.
In Case of SAUMYA CHAURASIA v. DIRECTORATE OF ENFORCEMENT [Criminal Appeal No. 3840 of 2023] In the presented judgment from the Supreme Court of India regarding Saumya Chaurasia’s bail application, filed under Section 439 of the Cr.P.C., takes center stage. The court meticulously details the sequence of events leading to Chaurasia’s arrest in connection with a case under the Prevention of Money Laundering Act, 2002 (PMLA), and the subsequent legal proceedings. Chaurasia challenges the dismissal of her bail application by the High Court, citing alleged errors in the non-consideration of pivotal documents. The court’s analysis scrutinizes the appellant’s involvement in the money laundering offense, the discretionary power of the court in granting bail to women under the PMLA, and the interpretation of the proviso to Section 45 of the PMLA.
The court’s comprehensive analysis unfolds as it addresses the appellant’s grievances, emphasizing the discretionary nature of bail for women under the PMLA. The judgment intricately navigates through the factual landscape, delving into the appellant’s claims of the High Court’s oversight in document consideration. The court’s scrutiny extends to the appellant’s alleged involvement in money laundering, evaluating the merit of the case and dismissing the appeal. Additionally, the document elucidates the court’s interpretation of the proviso to Section 45 of the PMLA, emphasizing the discretionary character of the provision. The judgment concludes with the imposition of a fine of Rs. 1 Lakh on the appellant, underscoring the importance of factual accuracy and integrity in legal proceedings. This landmark judgment sets a significant precedent, defining the court’s approach to bail applications in cases involving women under the PMLA and providing valuable insights into the interpretation of pertinent legal provisions.
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Written by- Komal Goswami
