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MADHAV J. JAMDAR
Suryaji Pandurang Jadhav – Appellant
Versus
Directorate of Enforcement, Worli – Respondent
JUDGMENT :
Madhav J. Jamdar, J.
1. Heard Mr. Ponda, learned Senior Counsel for the Applicant, Mr. Shirsat, learned APP for Respondent No. 1 – Directorate of Enforcement (ED) and Ms. Shinde, learned APP for Respondent No. 2 – State.
2. This regular Bail Application is preferred under Section 439 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) r/w. Section 45 of the Prevention of Money Laundering Act, 2002 (‘PMLA’) in ECIR/MB/ZO- II/03/2020 lodged by Respondent No. 1 - ED. The relevant details are as follows:
| 1. | ECIR No. C.R./F.I.R. Number (Scheduled Offence) | ECIR/MB/ZO-II/03/2020 C. R. No. 0026/2020 |
| 2. | Date of Scheduled offence | 2017 to 2018 |
| 3. | Date of Registration of ECIR No. C.R./F.I.R. Number (Scheduled Offence) | 08.01.2020 |
| 4. | Prosecuting Agency
Name of the Police Station of scheduled offence | Enforcement Directorate
Shivaji Nagar, Pune |
| 5. | Sections invoked
Scheduled offences | Section 3 r/w. 70 of the Prevention of Money Laundering Act, 2002
Sections 420 r/w. 34, 406, 408, 409, 465, 468 & 471 of the Indian Penal Code, 1860 |
| 6. | Date of | |
The court established that the right to a speedy trial can allow for bail even under stringent provisions of the PMLA when the accused has been in custody for a substantial period.
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 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.
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 bail prevails over statutory restrictions when prolonged incarceration without trial violates constitutional rights.
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 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 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 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....
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....
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