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ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Badshah Majid Malik – Appellant
Versus
Directorate Of Enforcement – Respondent
ORDER :
1. Leave granted.
2. It has been observed that in the case of Vijay Madanlal Chaudhary vs. Union of India, (2022) SCC Online SC 926 that the beneficial provision of Section 436A of the Code of Criminal Procedure, 1973, (for short, ‘the Cr.P.C.’)may apply to prosecution under the Prevention of Money-Laundering Act, 2002 (for short, ‘the PMLA’) as Section 436A has come on statute book subsequent to enactment of the PMLA. Therefore, a corresponding provision of Section 479(1) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’) will apply to prosecution under the PMLA. Section 479(1) reads thus:
(1) Where a person has, during the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being an offence for which the punishment of death or life imprisonment has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on bail:
Provided that where such person is a first-time offender (who has nev
The court established that under Section 479(1) of the BNSS, an unconvicted individual may be released on bail after serving a specified period of detention.
Section 436A of the Code of Criminal Procedure, 1973, provides for bail in cases where the trial has not commenced, emphasizing the right to a speedy trial and access to justice.
The court ruled that serious allegations under the PML Act and multiple pending cases justify the denial of bail, despite the petitioner's prolonged custody.
Release of undertrial prisoners on bail – Accused cannot invoke proviso under Section 479 of BNSS seeking relief on the ground of one third punishment When offences are different as well as when more....
The right to a speedy trial under Article 21 allows for bail under Section 436A of the CrPC if the accused has served more than half of the maximum sentence for the offence charged.
Prolonged incarceration can lead to bail grant in economic offence cases even under stringent PMLA provisions if no feasible trial timeframe exists.
The right to a speedy trial under Article 21 of the Constitution prevails, allowing bail under Section 436A of the CrPC despite statutory restrictions in the PMLA.
The judgment establishes that in cases of money laundering under the PMLA, the conditions for granting anticipatory bail are stringent, requiring the accused to prove their innocence, and that the co....
Accused in money laundering must meet stringent bail conditions under Section 45 of the PMLA, reflecting the severity of the offense and impact on ongoing investigations.
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