JABRAN vs State S — 2025 SCMR 1099 SUPREME-COURT

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JABRAN VS State S. 497(2)---anti-Money Laundering act (VII of 2010), Ss. 3 & 4---Money laundering---Bail, grant of---Tax returns---Declared properties---accused persons were arrested in an inquiry initiated on the basis of predicate offence regarding demanding / accepting bribery and purchasing of assets from such money---There was no evidence on record that accused actually paid consideration amount to sellers for the plot purchased by the wife of co-accused---Such fact would be appreciated by Trial Court after reading the evidence---all other properties of accused persons mentioned were not part of FIR and were declared in the appended tax returns of accused persons---Tax returns of accused persons had given rise to the presumption that the same had been legally acquired through declared sources---Whether properties were actually connected to any illegal activity would ultimately be determined by Trial Court---Prosecution case was based upon documentary evidence only which was already available with F.I.a. authorities and there was no apprehension of tampering with the same if accused persons were admitted to bail---Co-accused appended his asset Declarations for relevant years to demonstrate availability of funds---appended documents also indicated that sale consideration for vehicle in question was paid by co-accused himself through banking channels---Transactions in question were reflected in bank statements, which had been attached---Case of both the accused persons fell within the ambit of further inquiry under section 497(2), Cr.P.C and they were entitled to grant of post-arrest bail---Bail was allowed.

JABRAN vs State S — 2025 SCMR 1099 SUPREME-COURT

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