Srinagar (Jammu and Kashmir): Kashmiri separatist leader Shabir Ahmad Shah has been granted statutory bail by Delhi's Patiala House Court in a money laundering case under the Prevention of Money Laundering Act (PMLA). Shah, arrested in 2017, has served over half of the potential maximum sentence for the offense.
The court's bail conditions include a personal bond of Rs 1 lakh and a surety bond of the same amount, along with restrictions on leaving the country without court permission.
Despite the bail, Shah will remain in custody due to other pending cases. The court referenced the Supreme Court’s judgment in Vijay Madanlal Chaudhary’s case, noting Shah’s prolonged custody of six years and 10 months, which exceeds half of the seven-year maximum punishment prescribed.
The court emphasized that, while Shah faces serious charges in other cases, being an under-trial without convictions is insufficient grounds for denying statutory bail. Shah is unlikely to be released before July 24, 2024, when the seven-year maximum punishment period expires in this case.
Additionally, the court noted the acquittal of Shah’s co-accused, Mohammad Aslam Wani, in all but one predicate offense under the Arms Act.
Shah’s bail application, filed under Section 436A CrPC, argued that he has already served more than half of the potential sentence for money laundering under PMLA. Shah’s advocates contended that he has been in custody since July 2017 and will complete his potential maximum imprisonment period by July 2024. They argued that legal precedents suggest Shah should not be subject to the stringent conditions under Section 45 PMLA for bail eligibility.
The Special Public Prosecutor for the Enforcement Directorate opposed the plea, citing the seriousness of the allegations against Shah, including involvement in terror financing and generating proceeds from crime. The prosecutor expressed concerns about the risk of Shah absconding if released on bail, given his alleged past conduct.
- Read more: Centre sets up tribunal to review ban on J&K separatist leader Shabir Shah's DFP; triggers speculations
- Govt bans jailed separatist Shabir Shah's Jammu and Kashmir Democratic Freedom Party
- Delhi High Court seeks NIA stand on bail plea of Kashmiri separatist leader Shabir Shah in terror funding case
