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ABHAY S. OKA, UJJAL BHUYAN
Udhaw Singh – Appellant
Versus
Enforcement Directorate – Respondent
| Table of Content |
|---|
| 1. appellant's incarceration duration (Para 3 , 4 , 5 , 6 , 7) |
| 2. appeal allowed (Para 8) |
JUDGMENT :
Abhay S.Oka, J.
Leave granted.
2. Heard the learned senior counsel appearing for the appellant and the learned Solicitor General appearing for the respondent.
3. The appellant has been arrested for the offence under Section 3 of the Prevention of Money Laundering Act, 2002 (for short "the PMLA")
4. In this case, the appellant has undergone incarceration for a period of 1 year and 2 months. There are 225 witnesses cited, out of which only 1 has been examined. Therefore, the trial is not likely to be concluded within few years. Hence, a decision of this Court in the case of V.Senthil Balaji v. Deputy Director, Directorate of Enforcement, 2024 SCC OnLine SC 2626 will apply. Paragraphs 27 and 29 of the said decision read thus:
Prolonged detention under PMLA without a reasonable trial timeframe infringes on the right to a speedy trial under Article 21, warranting bail.
Prolonged incarceration can lead to bail grant in economic offence cases even under stringent PMLA provisions if no feasible trial timeframe exists.
Bail – Offence of money laundering – If incarceration of an undertrial accused is continued for an unreasonably long time, provisions may be exposed to vice of being violative of Article 21 of Consti....
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 right to a speedy trial is fundamental under Article 21, and prolonged incarceration without trial infringes on this right, warranting bail despite serious allegations.
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 court emphasized the right to a speedy trial and liberty, allowing bail under the Prevention of Money Laundering Act after 15 months of custody, citing no likelihood of trial commencement.
The right to bail prevails over statutory restrictions when prolonged incarceration without trial violates constitutional rights.
PMLA Section 45 twin conditions yield to Article 21 where prolonged pre-trial detention exceeds reasonable time without trial progress, converting detention to punishment; bail granted as rule when e....
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