High Court Grants Bail to Neeraj Saluja in PMLA Case: Key Grounds Explained
The Punjab and Haryana High Court has granted regular bail to Neeraj Saluja, a director of SEL Textiles Limited, in a money laundering case filed by the Enforcement Directorate. The court cited prolonged incarceration, lack of trial progress, and a judicial stay on further proceedings as key grounds for the decision.
BailPmlaHigh CourtMoney LaunderingNeeraj SalujaReal EstateMay 20, 2025
The bail petition was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in relation to a case registered under Sections 3 and 4 of the Prevention of Money Laundering Act (PMLA), 2002. The petitioner had been in custody since January 18, 2024, following his arrest by the ED. He had earlier been arrested in 2022 in the predicate FIR filed by the Central Bureau of Investigation (CBI) and granted bail in May 2023, after spending over six months in custody.
Petitioner counsel argued that the proceedings under the FIR and ECIR were based on identical facts and causes of action. It was submitted that a Division Bench of the High Court had already stayed the proceedings in the predicate CBI case and extended that stay to the PMLA proceedings. The defence further pointed out that despite the petitioner’s cooperation with the investigation, he had been arrested after an unexplained delay of over three years since the ECIR’s registration.
The High Court took note of the fact that Saluja had already undergone over a year of custody, with little prospect of the trial commencing soon. The Court also highlighted that once further proceedings arising out of both the FIR and ECIR had been stayed by the Division Bench, continuing to keep the petitioner in custody served no useful purpose.
Referring to recent Supreme Court decisions—including Ramkripal Meena v. Enforcement Directorate (2024), Manish Sisodia v. Enforcement Directorate (2024), and Prem Prakash v. Union of India (2024)—the Court emphasized that prolonged incarceration and trial delays warranted bail, even under the rigours of Section 45 of the PMLA. The Court echoed the Apex Court’s observations that the right to a speedy trial and liberty under Article 21 of the Constitution cannot be compromised by procedural delays, particularly where the prosecution’s evidence is voluminous and trial prospects are distant.
Justice N.S. Shekhawat, delivering the judgment, ordered Saluja’s release on bail with stringent conditions, including a Rs. 10 lakh bond with three sureties, surrender of passport, and restriction on disposal of assets mentioned in the ECIR. The Court underlined that these measures would ensure Saluja’s presence at trial without infringing on his fundamental rights.
Frequently Asked Questions
What is the PMLA?
The Prevention of Money Laundering Act (PMLA) is a law in India aimed at preventing money laundering and terrorist financing. It provides for the attachment and confiscation of property derived from, or involved in, money laundering.
Why was Neeraj Saluja granted bail?
Neeraj Saluja was granted bail due to prolonged incarceration, lack of trial progress, and a judicial stay on further proceedings arising from the predicate offence. The High Court also considered recent Supreme Court decisions emphasizing the right to a speedy trial and liberty.
What are the conditions of Neeraj Saluja's bail?
The conditions of Neeraj Saluja's bail include a Rs. 10 lakh bond with three sureties, surrender of passport, and restriction on disposal of assets mentioned in the Enquiry Case Information Report (ECIR).
What is the role of the Enforcement Directorate (ED) in this case?
The Enforcement Directorate (ED) is the investigating agency that filed the money laundering case against Neeraj Saluja. They are responsible for investigating and prosecuting cases under the PMLA.
What is the significance of the High Court's decision?
The High Court's decision is significant as it highlights the importance of a speedy trial and the protection of fundamental rights, even in cases involving serious charges like money laundering. It also sets a precedent for similar cases in the future.
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