New Delhi, September 26: The Supreme Court on Thursday said that it will be 슬롯사이트œvery difficult to hold슬롯사이트 that there is no prima facie case of money laundering against DMK leader and former Tamil Nadu Minister V. Senthil Balaji. A bench headed by Justice Abhay S. Oka refused to accept the contention that the deposit of Rs.1.34 crore cash amount in his bank account was remuneration received as MLA and agriculture income.

The Bench, also comprising A.G. Masih, said, 슬롯사이트œIt will be very difficult to hold that there is no prima facie case against the appellant (Balaji)슬롯사이트 in the complaint filed by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA).슬롯 머신 사이트 추천Senthil Balaji Gets Bail: Supreme Court Grants Bail to DMK Leader and Former Tamil Nadu Minister in Money Laundering Case.

However, the apex court directed the DMK leader to be enlarged on bail, considering that he has been incarcerated for more than 15 months, when the maximum sentence for alleged offences may extend up to 7 years.

It noted that in three scheduled offences, there are more than 2,000 accused and the number of witnesses proposed to be examined exceeds 600. The apex court said that 슬롯사이트œeven in ideal conditions, the possibility of the trial of scheduled offences concluding even within a reasonable time of three to four years appears to be completely ruled out.슬롯사이트슬롯 머신 사이트 추천Arvind Kejriwal Gets Bail: Supreme Court Grants Bail to Delhi CM in Corruption Case Linked to Liquor Policy.

슬롯사이트œEven if the trial of the case under the PMLA proceeds, it cannot be finally decided unless the trial of scheduled offences concludes. In the facts of the case, there is no possibility of the trial of the scheduled offences commencing in the near future. Therefore, we see no possibility of both trials concluding within a few years,슬롯사이트 it added.

In its judgement, the Supreme Court said that when PMLA lays down a higher threshold for the grant of bail, an expeditious disposal of the trial is also warranted.

슬롯사이트œInordinate delay in the conclusion of the trial and the higher threshold for the grant of bail cannot go together. These stringent provisions regarding the grant of bail, such as Section 45(1)(iii) of the PMLA, cannot become a tool which can be used to incarcerate the accused without trial for an unreasonably long time,슬롯사이트 it said.

The Supreme Court said that when the trial of the complaint under PMLA is likely to prolong beyond reasonable limits, the constitutional courts will have to consider exercising their powers to grant bail.

슬롯사이트œWhat a reasonable time is will depend on the provisions under which the accused is being tried and other factors. One of the most relevant factors is the duration of the minimum and maximum sentence for the offence,슬롯사이트 it said, noting that under statutes like PMLA, the minimum sentence is three years, and the maximum is seven years.

슬롯사이트œThe Constitutional Courts cannot allow provisions like Section 45(1)(ii) to become instruments in the hands of the ED to continue incarceration for a long time when there is no possibility of a trial of the scheduled offence and the PMLA offence concluding within a reasonable time,슬롯사이트 added the top court.

Under Section 45 of the PMLA, twin tests must be met to obtain bail. First, the court should be convinced that there are reasonable grounds for believing that the accused is not guilty of such an offence. Second, the court should be convinced that the accused seeking bail is not likely to commit any offence while out on bail.

The Supreme Court recorded that the trial of the scheduled offences and the consequent PMLA offences are 슬롯사이트œnot likely to be completed in three to four years or even more슬롯사이트 and if Balaji슬롯사이트™s detention is continued, it will violate his fundamental right to speedy trial guaranteed under the Constitution.

It decided to impose stringent bail conditions, considering apprehension of tampering with the evidence by Balaji. As per the SC order, the DMK leader will have to furnish bail bonds for Rs 25,00,000 with two sureties of the same amount.

슬롯사이트œThe appellant (Balaji) shall not directly or indirectly attempt to contact or communicate with the prosecution witnesses and victims of the three scheduled offences in any manner,슬롯사이트 it said, clarifying that even an attempt to contact any prosecution witness or victim will be a ground to cancel the bail granted.

Balaji will mark his attendance every Monday and Friday between 11 a.m. and 12 noon in the ED슬롯사이트™s office in Chennai and appear on the first Saturday of every calendar month before the investigating officers of the three scheduled offences. Apart from the above conditions, he will have to surrender his passport to the Special PMLA Court.

The former TN minister has been ordered to 슬롯사이트œregularly and punctually remain present슬롯사이트 before the trial courts for early disposal of cases. 슬롯사이트œIf the appellant (Balaji) seeks adjournments on non-existing or frivolous grounds or creates hurdles in the early disposal of the cases mentioned above, the bail granted to him shall be liable to be cancelled,슬롯사이트 the SC said.

(The above story first appeared on LatestLY on Sep 26, 2024 03:54 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).