The Delhi High Court has granted interim bail to Amanatullah Khan in a significant legal case concerning allegations of money laundering. This decision comes as Khan seeks to attend to his wife and child amidst ongoing legal proceedings. The court’s humanitarian approach considers the familial responsibilities Khan faces during this challenging time. #DelhiHighCourt #InterimBail #MoneyLaundering #LegalCase
Facts
- The Directorate of Enforcement has filed a detailed reply in response to the contentions raised in the writ petition.
- The respondent argues that the actions taken by them were in accordance with the law and necessary for maintaining integrity in financial transactions.
- They contend that the allegations made by the petitioner are baseless and without merit.
- The respondent seeks for the writ petition to be dismissed and for the proceedings to continue as per law.
Arguments
- Applicant made false statements about no family member to look after his wife when he actually lives in a joint family.
- Applicant, along with co-accused, was arrested for money laundering and has been in judicial custody.
- Applicant was confronted with material evidence during custodial interrogation.
- Twin conditions under Section 45 of the PMLA must be considered before granting interim bail.
- ECIR was recorded against Mr. Amanatullah Khan and other accused persons based on FIR by CBI.
- Allegations in FIR include illegal appointments and leasing of properties by Mr. Amanatullah Khan.
- Transactions in diaries seized from Mr. Kausar Imam Siddiqui indicate money laundering involving the applicant and co-accused.
- Applicant is considered a key person in laundering proceeds of crime and did not cooperate during interrogation.
- Bail application of the applicant was dismissed by the Special Court considering all facts of the case.
- Special counsel for the respondent pointed out that the pairokar is the brother of the applicant.
- Family members of the applicant are available to take care of the applicant’s wife.
- Applicant’s wife may need emotional and financial support during her spine surgery.
- Applicant has a one-year-old child whose needs must be tended to during his wife’s surgery.
- Court decides on humanitarian grounds to grant interim bail for the applicant to attend to his wife and child.
- Surgery for the applicant’s wife was initially scheduled for 23.04.2024 but could not be conducted due to lack of an attendant.
- Concern raised that granting interim bail may lead to tampering with evidence and potential influence on witnesses.
Analysis
- Applicant is living in a joint family in close vicinity with other family members.
- Arguments from both parties have been heard.
- Material submitted for review has been perused by the Court.
Decision
- Applicant shall not leave Delhi without prior permission of the Trial Court.
- Applicant shall furnish a personal bond of Rs.25,000/- with one surety of the same amount.
- Applicant will not issue threats or influence witnesses in the case.
- Applicant will surrender on the expiry of interim bail period.
- Applicant shall share his mobile number with the Investigating Officer and keep the mobile switched on at all times.
- Any interference with the investigation or attempt to influence witnesses will lead to the cancellation of interim bail.
- Applicant will not seek further extension of interim bail for post-operation recovery, as others can look after his wife.
- The applicant may apply for interim bail for 15 days before his wife’s surgery upon submission of relevant documents to the Trial Court.
- Application for interim bail is disposed of.
Case Title: DAUD NASIR Vs. DIRECTORATE OF ENFORCEMENT (2024:DHC:3834)
Case Number: CRL.M.(BAIL)-619/2024
