Sale Deeds Must Be Interpreted Literally When the Language is Clear and Unambiguous: Supreme Court    |     Non-Signatory Can Be Bound by Arbitration Clause Based on Conduct and Involvement: Supreme Court    |     Right to Passport is a Fundamental Right, Denial Without Justification Violates Article 21: Allahabad High Court    |     Insurance Company's Liability Remains Despite Policy Cancellation Due to Dishonored Cheque: Calcutta High Court    |     Deductions Under Sections 36(1)(vii) and 36(1)(viia) of the Income Tax Act Are Independent and Cannot Be Curtailed: Bombay High Court    |     Diary Entries Cannot Alone Implicate the Accused Without Corroborative Evidence: Supreme Court Upholds Discharge of Accused in Corruption Case    |     MACT | Fraud Vitiates All Judicial Acts, Even Without Specific Review Powers: Rajasthan High Court    |     Right of Private Defense Cannot Be Weighed in Golden Scales: Madhya Pradesh High Court Acquits Appellant in Culpable Homicide Case    |     If Two Reasonable Conclusions Are Possible, Acquittal Should Not Be Disturbed: Supreme Court    |     Kalelkar Award Explicitly Provides Holiday Benefits for Temporary Employees, Not Subject to Government Circulars: Supreme Court Upholds Holiday and Overtime Pay    |     NDPS | Homogeneous Mixing of Bulk Drugs Essential for Valid Sampling Under NDPS Act: Punjab & Haryana High Court    |     Pre-Arrest Bail Not a Right but an Exception: Himachal High Court Denied Bail In Dowry Death Case"    |     POCSO | Scholar Register Is Sufficient to Determine Victim’s Age in POCSO Cases: Madhya Pradesh High Court    |     Abuse of Official Position in Appointments: Prima Facie Case for Criminal Misconduct: Delhi High Court Upholds Framing of Charges Against Swati Maliwal in DCW Corruption Case    |     Service Law | Similarly Situated Employees Cannot Be Denied Equal Treatment: PH High Court Orders Regularization    |     Presumption of Innocence Remains Supreme Unless Clearly Overturned: PH High Court Affirming Acquittal    |     Any Physical Liaison with A Girl Of Less Than Eighteen Years Is A Strict Offense.: Patna High Court Reiterates Strict Stance On Sexual Offences Against Minors    |     Orissa High Court Rules Res Judicata Inapplicable When Multiple Appeals Arise from Same Judgment    |     Mandatory Section 80 Notice Cannot Be Bypassed Lightly:  Jammu & Kashmir High Court Returns Plaint for Non-Compliance    |     Bombay High Court Denies Permanent Lecturer Appointment for Failing to Meet UGC Eligibility Criteria at Time of Appointment    |     Deferred Cross-Examination Gave Time for Witness Tampering, Undermining Fair Trial: Allahabad High Court    |    

Humanitarian Grounds Must Prevail Over Strict Compliance: Delhi High Court Grants Interim Bail To Money Laundering Accused

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Delhi High Court today granted interim bail to Daud Nasir, a petitioner involved in a money laundering case linked to the Delhi Waqf Board. Justice Swarana Kanta Sharma emphasized the importance of humanitarian considerations, stating, “Humanitarian grounds must prevail over strict compliance,” when addressing the medical needs of Nasir’s family.

The court deliberated on the application for interim bail under Section 439 of the Cr.P.C. linked to offenses under the Prevention of Money Laundering Act (PMLA). This case particularly highlights the judicial approach to balancing stringent statutory requirements against pressing humanitarian needs.

Nasir sought bail citing urgent medical and care needs for his wife who required surgery following a severe accident and their young child. The Enforcement Directorate (ED) opposed the bail, citing risks of evidence tampering and influence over witnesses, emphasizing Nasir’s alleged role in a larger conspiracy of money laundering involving irregular appointments and transactions within the Delhi Waqf Board.

Family Support and Applicant’s Role: Despite the respondent’s claim that Nasir’s joint family could care for his wife, the court recognized the distinct need for his presence during his wife’s surgery due to emotional and financial support considerations.

Compliance with Legal Standards: The court navigated the complexities of Section 45 of the PMLA which sets stringent conditions for bail in money laundering cases. However, it prioritized humanitarian needs given the specific circumstances of the case.

Conditions for Bail: Stringent conditions were imposed to ensure Nasir’s compliance with legal proceedings and minimize the risk of interference. These included restrictions on movement, mandatory communication with the investigating officer, and a clear stipulation against extending the bail period beyond the immediate medical needs of his wife.

Decision: The court granted Nasir interim bail for 15 days, subject to verification of the surgery date and adherence to several stringent conditions aimed at ensuring his presence does not obstruct the ongoing investigation or trial processes.

Date of Decision: May 10, 2024

Daud Nasir vs. Directorate of Enforcement

Similar News