Back
DIPANKAR DATTA, AUGUSTINE GEORGE MASIH
Mahesh Joshi – Appellant
Versus
Directorate of Enforcement – Respondent
| Table of Content |
|---|
| 1. background of the bail application and allegations. (Para 2 , 3 , 5) |
| 2. arguments for bail based on co-accused and financial amount. (Para 6 , 7 , 8) |
| 3. concerns regarding prolonged incarceration and serious allegations. (Para 9 , 10 , 11 , 12) |
| 4. reference to precedent on bail conditions. (Para 13) |
| 5. court's observations on conditions for bail. (Para 14 , 15 , 16) |
| 6. conclusion and order granting bail. (Para 17 , 18 , 19 , 20) |
ORDER :
AUGUSTINE GEORGE MASIH, J.
Leave granted.
2. The present appeal seeks the grant of regular bail to the Appellant in connection with ECIR No. JPZO/29/2023 dated 21.08.2023, registered by the Directorate of Enforcement under the Prevention of Money-Laundering Act, 2002 (for short, “PMLA”).
3. The Appellant, Mahesh Joshi, served as Minister, Public Health and Engineering Department (PHED), Government of Rajasthan. He was arrested on 24.04.2025. His bail applications were rejected by the Trial Court and subsequently by the High Court on 26.08.2025. The Appellant has therefore approached this Court seeking relief.
4. We have heard Mr. Sidharth Luthra, learned senior counsel appearing on behalf of the Appellant, and Mr. Suryaprakash V. Raju, learn
Prolonged detention without imminent trial violates Article 21; bail can be granted even under stringent laws if detention is deemed unjust.
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.
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....
Prolonged incarceration without trial violates the right to liberty under Article 21; bail is the rule, and individual circumstances must be considered.
In PMLA cases, constitutional courts grant bail despite Section 45 twin conditions if prolonged incarceration (over two years), trial delay not attributable to accused, and no reasonable trial conclu....
Constitutional courts may relax PMLA Section 45 twin conditions for bail when prolonged incarceration and unlikely timely trial due to voluminous evidence violate Article 21 speedy trial rights.
PMLA Section 45 twin conditions relaxable by constitutional courts for bail if prolonged custody (over 2 years) and unlikely timely trial violate Article 21, absent accused delay, with voluminous doc....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
