#Criminal Appeals

The Bombay High Court quashed a ₹25 crore SAFEMA attachment, holding that the Enforcement Directorate failed to establish any nexus between the appellants' legitimate pre-existing business transactions and the alleged YES Bank-DHFL proceeds of crime. The ruling clarifies that lawful business dealings routed through banking channels cannot be presumed as proceeds of crime under PMLA without a direct link to the scheduled offence, protecting genuine commercial transactions from overbroad attachment.

The Madhya Pradesh High Court acquitted several officials, ruling that mere administrative irregularities in a teacher recruitment process cannot satisfy the ‘dishonest or fraudulent intention’ element of Section 13(1)(d) of the Prevention of Corruption Act. The decision narrows the Act’s reach, protecting officials from prosecution where only procedural lapses occur.

Rajasthan High Court holds that suspension of sentence under Section 389 CrPC is justified where the appeal raises substantial arguable grounds, particularly in NDPS cases. The court emphasized prolonged pendency and prima facie sustainability of the appeal as key factors, setting a precedent for bail pending appeal in drug-related convictions.

Gujarat High Court rules that the 2019 amendment increasing the minimum sentence under Section 4 of the POCSO Act from 7 to 10 years does not apply retrospectively. The court dismissed the State's appeal for enhancement, reinforcing that statutory sentencing limits at the time of the offence govern punishment, not subsequent amendments.