P&H High Court Suspends Sentence Of 73-Year-Old Convicted Under PMLA, Orders Plantation Of 20 Saplings

The Punjab and Haryana High Court has suspended the sentence of a 73-year-old man convicted in a money laundering case under the Prevention of Money Laundering Act, 2002 (PMLA), noting that his appeal is unlikely to be heard soon and that he has already spent over a year in custody and directed to plant 20 saplings during monsoon session.Chief Justice Sheel Nagu and Justice Sanjiv Berry passed the order while allowing an application seeking suspension of sentence filed by Gurdeep Singh Manchanda, stating that, "the applicant-appellant is directed to plant 20 saplings during ensuing monsoon season and maintain thereof for one year and produce the proof of plantation of the saplings."The application was filed under Section 389 of the Code of Criminal Procedure seeking suspension of sentence during the pendency of appeal against the judgment dated July 30, 2024.Manchanda had been convicted for the offence of money laundering under Sections 3 and 4 of the PMLA in a complaint filed by the Enforcement Directorate.He was sentenced to five years' rigorous imprisonment and a fine of ₹30,000, with a further five months' imprisonment in default of payment of the fine.The case arose out of an ECIR registered in 2013 on the basis of an FIR registered at Police Station Fatehgarh Sahib for offences including Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 along with offences under the IPC and the Arms Act, 1959.Senior Advocate Bipan Ghai, appearing for the appellant, argued that the applicant had been falsely implicated. It was submitted that although he had been named in the predicate offence arising out of an FIR registered in 2013 at Urban Estate Police Station, Patiala, he had been acquitted in that case by the trial court in February 2019.HE further pointed out that the appellant had also been implicated in three other cases but had been acquitted in all of them.Senior Counsel also emphasised that the appellant was 73 years old and suffering from medical ailments, and that the appeal against his conviction had already been admitted by the High Court in August 2024.Reliance was placed on a recent judgment of the Supreme Court of India in Arun Dubey v. State of Madhya Pradesh to support the request for suspension of sentence.Opposing the plea, Additional Solicitor General Satya Pal Jain, appearing for the Enforcement Directorate, argued that the appellant had actively participated in the offence and therefore did not deserve the concession of suspension of sentence.After considering the submissions and examining the record, the Court noted that the appellant had indeed been acquitted in the predicate offence arising out of the FIR registered in 2013.The Bench also took note of the custody certificate, which showed that the appellant had already undergone 1 year, 4 months and 27 days of actual custody.The Court further observed that the appeal had been admitted in August 2024 and, given the pendency of cases, it was not likely to be heard in the near future.In these circumstances, the Bench held that no useful purpose would be served by keeping the appellant in further custody while his appeal remained pending.Accordingly, the High Court ordered that the remaining sentence of the appellant be suspended during the pendency of the appeal and directed his release on bail subject to furnishing bonds before the concerned Chief Judicial Magistrate or Duty Magistrate.The Court also directed the appellant not to leave the country without prior permission of the Court.The appeal has been listed for further hearing on April 1, 2026.Title: Gurdeep Singh Manchanda v. Enforcement DirectorateMr. Bipan Ghai, Senior Advocate (arguing counsel) with Mr. Nikhil Ghai, Advocate, Mr. Joban Singh Dhaliwal, Advocate Mr. Tushar Rawal, Advocate Mr. Himanshu Kashyap, Advocate for the petitioner for the applicant-appellant(s)Mr. Satya Pal Jain, Additional Solicitor General of India, with Ms. Meghna Malik, Senior Panel Counsel,Mr. Shobit Phutela, Advocate, Senior Panel Counsel, and Mr. Shourya Mehra, Advocate, for the respondent-ED.Click here to read order

P&H High Court Suspends Sentence Of 73-Year-Old Convicted Under PMLA, Orders Plantation Of 20 Saplings

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