Shashi Bala @ Shashi Bala Singh vs Directorate Of Enforcement on 15 January, 2025

Supreme Court – Daily Orders

Shashi Bala @ Shashi Bala Singh vs Directorate Of Enforcement on 15 January, 2025

Author: Abhay S. Oka

Bench: Abhay S. Oka

                                      IN THE SUPREME COURT OF INDIA
                                     CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL APPEAL NO.212 OF 2025
                      (Arising out of S.L.P.(Criminal) No.16260 of 2024)

                         SHASHI BALA @ SHASHI BALA SINGH                     ... APPELLANT(S)

                                                                 VS.


                         DIRECTORATE OF ENFORCEMENT                          ... RESPONDENT(S)

                                                         O R D E R

Leave granted.

Heard the learned senior counsel appearing for the

appellant and the learned Solicitor General appearing for

the respondent.

The appellant is an accused in a complaint filed

under Section 44 of the Prevention of Money Laundering

Act, 2002 (for short “the PMLA”). The appellant has been

under incarceration since 25th November, 2023.

Admittedly, the appellant is a woman.

Our order dated 19th December, 2024 reads thus:

“The learned ASG appearing for the Directorate
of Enforcement seeks time. Initially, he
submitted that even if an accused is a woman,
notwithstanding the proviso to sub-Section (1) of
Section 45 of the Prevention of Money-Laundering
Signature Not Verified
Act, 2002 (for short, “the PMLA”), rigours of
Digitally signed by
ANITA MALHOTRA
Date: 2025.01.16
18:41:10 IST clause (ii) of sub-Section (1) of Section 45 of
Reason:

the PMLA will apply. In short, his submission is

Criminal Appeal arising out of SLP(Criminal)No.16260/2024 Page 1 of 6
that even if a person, who is under the age the
sixteen years, or is a woman, or is a sick or
infirm person, still the stringent conditions
under clause (ii) of sub-Section (1) of Section
45 of the PMLA will apply. When we called upon
the learned ASG to make submissions on this
aspect, he seeks time even to take instructions
on this aspect.

The counter affidavit to be filed by 10 th
January, 2025.

List the Petition on 15th January, 2025.”

On its plain reading, the first proviso to sub-

Section (1) of Section 45 operates as an exception to

clause (ii) of sub-Section (1) of Section 45 of the PMLA.

Therefore, when a woman applies for bail, the twin

conditions in clause (ii) need not be satisfied. Though

we have granted time to the learned Additional Solicitor

General to make submissions in support of the submission

that notwithstanding the proviso to sub-Section (1) of

Section 45 of the PMLA, rigours of clause (ii) of sub-

Section (1) of Section 45 of the PMLA will apply even to

a woman, today the learned Solicitor General appears and

states that rigours of clause (ii) of sub-Section (1) of

Section 45 of the PMLA will not apply to a woman, in view

of proviso to sub-Section (1) of Section 45 of the PMLA.

Criminal Appeal arising out of SLP(Criminal)No.16260/2024 Page 2 of 6
A charge has been framed. However, there are 67

witnesses and recording of evidence is yet to commence.

Our attention is invited to the counter affidavit filed

by the respondent and, in particular, what is stated in

paragraph Nos. 9 to 16.

There are no antecedents of the appellant brought

on record.

As rigours of clause (ii) of sub-Section (1) of

Section 45 of the PMLA will not apply, the Special Court

ought to have treated the application as the one under

Section 439 of the Code of Criminal Procedure, 1973 (for

short, “Cr.P.C.”) or Section 483 of the Bhartiya Nagarik

Suraksha Sanhita, 2023 (for short, “BNSS”). Hence, the

first proviso to sub-Section (1) of Section 437 of the

Cr.P.C. (the first proviso to sub-Section (1) of Section

480 of the BNSS) will apply. As the predicate offence is

not under the Narcotic Drugs and Psychotropic Substances

Act, 1985, the maximum sentence can be of 7 years. The

appellant is a woman. There is no possibility of the

trial concluding in near future, considering the fact

that 67 witnesses are to be examined. There are no

antecedents of the appellant brought on record.

Therefore, a case is made out for enlarging the appellant

on bail till the conclusion of the trial.

Criminal Appeal arising out of SLP(Criminal)No.16260/2024 Page 3 of 6
For that purpose, the appellant shall be produced

before the Special Court within a maximum period of one

week from today. The Special Court shall enlarge the

appellant on bail on appropriate terms and conditions

including the condition of regularly and punctually

attending the Special Court and cooperating with the

Special Court for early conclusion of the trial. Apart

from the other conditions which will be imposed by the

Special Court, a condition of deposit of the passport

shall be imposed. The learned counsel for the respondent

shall be heard on the terms and conditions.

We make it clear that if the appellant fails to

cooperate for early disposal of the case, it will be open

for the respondent to apply for cancellation of bail.

The appeal is accordingly allowed.

……………………..J.
(ABHAY S.OKA)

……………………..J.
(UJJAL BHUYAN)

NEW DELHI;

January 15, 2025




Criminal Appeal arising out of SLP(Criminal)No.16260/2024           Page 4 of 6
ITEM NO.10                      COURT NO.5                          SECTION II

                   S U P R E M E C O U R T O F                  I N D I A
                           RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.)                    No(s).     16260/2024

[Arising out of impugned final judgment and order dated 10-09-2024
in CRMBA No. 6762/2024 passed by the High Court of Judicature at
Allahabad, Lucknow Bench]

SHASHI BALA @ SHASHI BALA SINGH Petitioner(s)

VERSUS

DIRECTORATE OF ENFORCEMENT Respondent(s)

(IA No. 269448/2024 – EXEMPTION FROM FILING O.T.
IA No. 269449/2024 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES

WITH SLP(Crl) No. 18369/2024

Date : 15-01-2025 These matters were called on for hearing today.

CORAM : HON’BLE MR. JUSTICE ABHAY S. OKA
HON’BLE MR. JUSTICE UJJAL BHUYAN

For Petitioner(s) :

Mr. U.K Uniyal, Sr. Adv.

Mr. D.K Garg, Adv.

Mr. Dhananjay Garg, AOR
Mr. Abhishek Garg, Adv.

Ms. Ishita Bist, Adv.

Mr. Neelabh Bist, Adv.

Mr. Sidharth Luthra, Sr. Adv.
Mr. M. R. Shamshad, Sr. Adv.
Mr. Ankit Yadav, AOR
Mr. Syed Tamjeed Ahmad, Adv.
Mr. Mihir Joshi, Adv.

Mr. Advait Ghosh, Adv.

Mr. Arijit Sarkar, Adv.

Ms. Shaoni Das, Adv.

For Respondent(s) :

Mr. Tushar Mehta,SG
Mr. Satya Darshi Sanjay, A.S.G.
Mr. Zoheb Hossain, Adv.

Mr. Annam Venkatesh, Adv.

Ms. Astha Singh, Adv.

Mr. Arvind Kumar Sharma, AOR
Ms. Aditi Singh, Adv.

Criminal Appeal arising out of SLP(Criminal)No.16260/2024 Page 5 of 6

UPON hearing the counsel the Court made the following
O R D E R

SLP(Crl) No. 16260/2024

Leave granted.

The appeal is allowed in terms of the signed order.
The appellant shall be produced before the Special
Court within a maximum period of one week from today.
The Special Court shall enlarge the appellant on bail on
appropriate terms and conditions including the condition
of regularly and punctually attending the Special Court
and cooperating with the Special Court for early
conclusion of the trial. Apart from the other conditions
which will be imposed by the Special Court, a condition
of deposit of the passport shall be imposed. The learned
counsel for the respondent shall be heard on the terms
and conditions.

Pending applications also stand disposed of.

SLP(Crl) No. 18369/2024

We grant time of three weeks to file a counter
affidavit.

List on 17th February, 2025.

 (ANITA MALHOTRA)                           (AVGV RAMU)
    AR-CUM-PS                              COURT MASTER

(Signed order in Criminal Appeal @ SLP(Crl.) No.16260/2024
is placed on the file.)

Criminal Appeal arising out of SLP(Criminal)No.16260/2024 Page 6 of 6