The Supreme Court in the case Sadanand Gangaram Kadam Versus Directorate Of Enforcement And Anr. observed and has granted bail to Sadanand Kadam, a close associate of Shiv Sena, UBT MLC Anil Parab, who is being accused in a money laundering case in connection with the construction of an allegedly illegal resort named ‘Sai Resort’ in Dapoli, situated in Maharashtra’s Ratnagiri district.
In the present case, Kadam was arrested by the Directorate of Enforcement on March 10, 2023 in connection with the offence punishable under Section 3 of the Prevention of Money-laundering Act, 2002, for short, the PMLA. Thus, Kadam approached the High Court after his bail application was rejected by the Special PMLA Court in October.
The High Cour tin the case observed while declining the bail to kadam that the reading of the PMLA complainant would clearly go to show the allegations are that the subject property is derived or obtained, directly or indirectly, by the applicant as a result of criminal activity relating to a scheduled offence.
Further, the court stated that the applicant can be said to have directly or indirectly attempted to indulge or knowingly assisted or is knowingly a party or actually involved in process or activity connected with proceeds of crime and projected it as untainted property.
Therefore, Kadam against the impugned order of the High Court, preferred a plea before the Supreme Court seeking bail.
The bench comprising of Justice Abhay S. Oka and Justice Ujjal Bhuyan in the case observed and has decided to grant the bail to Kadam.
The counsel in the case observed that the appellant is entitled to be enlarged on bail in accordance with Section 45(1)(ii) of the PMLA on appropriate terms and conditions, till the disposal of the complaint case filed by the first respondent or Directorate of Enforcement under the PMLA.
Further, the court stated that in view of the fair stand taken by the learned ASG, this court is not recording detailed reasons.
The court in the case directed the Enforcement Directorate, ED to produce Kadam before the Special Court within a period of one week. Thus, the Special Court shall enlarge the appellant on bail on appropriate terms and conditions, till the trial of the complaint case concludes.
The court while considering the facts and circumstances of the case observed and has direct that the appellant shall be produced before the Special Court within a period of one week. Thus, the Special Court shall enlarge the appellant on bail on appropriate terms and conditions, till the trial of the complaint case concludes.