Grant of Bail to Jayram Vinayak Deshpande in PMLA Case: High Court's Ruling Following Supreme Court's Precedent.
29 February 2024
Bail and Antcipatory Bail >> Criminal Law | Prevention Of Money Laundering Act >> Criminal Law
The applicant, Jayram Vinayak Deshpande, has filed a bail application under section 439 of the Code of Criminal Procedure, read with section 45 of the Prevention of Money Laundering Act (PMLA), in connection with an Enforcement Case Information Report (ECIR) for offences under PMLA. Deshpande was arrested for allegedly misusing his position as Sub-Divisional Officer at Dapoli, where he granted illegal permission for the conversion of agricultural land to non-agricultural use, despite knowing the land was in a Coastal Regulation Zone (CRZ-III), where such construction is prohibited.
The Enforcement Directorate (ED) accused Deshpande of aiding co-accused Sadanand Kadam in money laundering activities related to the construction of an unauthorized resort. The ED argued that Deshpande knowingly participated in these illegal activities, though it was not claimed that he generated or laundered proceeds of crime himself.
The Special Court initially rejected his bail application, noting that Deshpande’s role was primarily assisting the laundering process. The Supreme Court had earlier granted bail to co-accused Kadam, acknowledging that he was entitled to bail under PMLA’s conditions. Based on the lesser role of Deshpande compared to Kadam, and in light of the Supreme Court's ruling, the bail application was ultimately allowed by the High Court. Deshpande was granted bail on certain conditions, including providing a surety and cooperating with the investigation.
Section 45, PREVENTION OF MONEY LAUNDERING ACT - 2002
PREVENTION OF MONEY LAUNDERING ACT, 2002