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AUGUSTINE GEORGE MASIH, B. R. GAVAI, K. VINOD CHANDRAN
Padam Chand Jain – Appellant
Versus
Enforcement Directorate – Respondent
| Table of Content |
|---|
| 1. bail petition hearing (Para 1 , 2) |
| 2. arguments regarding bail eligibility (Para 3 , 4 , 6) |
| 3. court's rationale and supporting evidence (Para 5 , 7 , 8) |
| 4. decision to grant bail (Para 9 , 10) |
| 5. conclusion and disposal of petition (Para 11 , 12) |
ORDER :
2. We have heard Shri Sidharth Luthra and Shri Siddharth Agrawal, learned senior counsel appearing on behalf of the petitioner and Shri Suryaprakash V. Raju, learned Additional Solicitor General appearing for the respondent.
4. Shri Raju, on the contrary submits that the petitioner is involved in a crime of defalcation of huge sum of Rs.136.41 Crores in the matter of managing the award of tenders to PHED. He submits that the role attributed to the petitioner herein is of much serious nature as compared to the role attributed to Shri Peeyush Jain, who is the son of the present petitioner and Shri Sanjay Badaya. He further submits that unless the twin conditions contained in Section 45 of the Prevention of Money Laundering Act, 2002 (for short, 'PMLA') are complied with bail in the matters concerning PMLA cannot be granted.
6. Learned Single Judge of the High Court, while considering the law laid down by this Court in
Prolonged incarceration without trial violates the right to liberty under Article 21; bail is the rule, and individual circumstances must be considered.
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....
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 main legal point established in the judgment is the unconstitutionality of the twin conditions for release on bail as per Section 45(1) of the PML Act, 2002, as declared by the Supreme Court in N....
Bail – Delay and long detention in custody cannot be a ground for grant of bail in cases of money laundering.
Prolonged incarceration before trial infringes on the right to speedy trial, necessitating bail under the Prevention of Money Laundering Act if trial delays are significant.
Economic offences like money laundering under the PMLA warrant severe scrutiny for bail, emphasizing the right to a speedy trial while recognizing the gravity of the allegations and prolonged detenti....
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.
Prolonged incarceration can lead to bail grant in economic offence cases even under stringent PMLA provisions if no feasible trial timeframe exists.
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