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Kapil Wadhawan – Appellant
Versus
Central Bureau Of Investigation – Respondent
ORDER :
1. Leave granted.
2. The instant appeals have been filed assailing the orders dated 04.08.20251[Bail Application No. 3640/2024] and 16.09.20252[Bail Application No. 3462/2025] of the High Court of Delhi rejecting the application for grant of regular bail, inter-alia praying for their release.
3. The facts not in dispute are that the appellants were arrayed as accused Nos. 1 and 2 in the FIR/RC bearing No. 2242022A0001, dated 20.06.2022 registered for alleged offences under Section 120-B read with Sections 409 , 420 and 477-A of the INDIAN PENAL CODE , 1860 (for short, ‘IPC’) and Section 13 (2) read with Section 13 (1)(d) of the Prevention of Corruption Act, 1988 (for short, ‘PC Act’). The chargesheet was filed on 15.10.2022 by the Central Bureau of Investigation (CBI) proposing to examine 215 witnesses. The appellant was granted default bail on 03.12.2022 which was confirmed by the High Court on 26.07.2023. However, on the challenge made by CBI, this Court vide order dated 24.01.2024, allowed the appeal and set aside the order granting default bail.
4. Facts in brief are that the appellant was the Managing Director of M/s. Dewan Housing Finance Limited (DHFL) which is a Non-Ban
The Court emphasized the right to a speedy trial under Article 21, asserting that undue delays in trial violate this right and warrant bail, even for serious offenses.
The right to a speedy trial under Article 21 mandates release under Section 436-A of the CrPC after serving half of the maximum imprisonment period, regardless of the nature of the offence.
The right to a speedy trial under Article 21 of the Constitution mandates that an undertrial cannot be detained beyond half of the maximum sentence without trial, warranting bail under Section 436-A ....
The right to a speedy trial under Article 21 of the Constitution mandates that an undertrial cannot be detained beyond one-half of the maximum imprisonment period without trial, leading to bail being....
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....
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....
(1) Bail Application – In case of delay coupled with incarceration for a long period and depending on nature of allegations, right to bail will have to be read into Section 45 of PMLA and Section 439....
The court emphasized the right to bail in economic offences, balancing the seriousness of charges with the presumption of innocence and the right to a speedy trial under Article 21.
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.
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