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.

JUDGMENT:

1. Heard Mr. Kazi, learned Counsel for the Applicant and Mr. Venegavkar, learned Special Public Prosecutor, for the Respondent No.1-ED.

2. The Applicant has been enlarged on bail by this Court by order dated 7th October 2024 passed in Criminal Bail Application No.2528 of 2023 as far as the scheduled offence is concerned. The present Application is arising out of the offence punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (“PMLA”). The relevant details are as follows:

3. Mr. Kazi, learned Counsel appearing for the Applicant raised following contentions:-

(i) The role of the present Applicant and co-Accused-Shailesh Bhosale is at par. Shailesh Bhosale has been granted bail in scheduled offence by a learned Single Judge by order dated 10th October 2023 passed in Criminal Bail Application No.1110 of 2023 and in PMLA offence this Court has granted bail to said co-accused by order dated 6th September 2024 passed in Bail Application No.3204 of 2022. He therefore, submitted that the Applicant is entitled to be released on bail on the ground of parity.

(ii) As far as merits are concerned, he submits that the Applicant is not beneficiary and there is no recovery at the instance of the Applicant and therefore the Applicant is entitled to be released on bail.

(iii) He submits that in any case, the Applicant is entitled to be released on bail due to long incarceration and he is entitled for benefit of Section 436A of the CrPC. He submitted that the Applicant has been arrested in the scheduled offence on 24th February 2020 and in PMLA offence on 5th March 2021. He submits that the Applicant is incarcerated since 3 years and 7 months in PMLA offence. He submits that the maximum punishment under Section 4 of the PMLA is seven years and therefore, the Applicant is entitled for the benefit as provided under Section 436A of the Cr.P.C.

4. On the other hand, Mr. Venegavkar, learned Special Public Prosecutor strongly opposes the Bail Application. He raised the following contentions:-

(i) He submitted that the contention raised by Mr. Kazi, learned Counsel appearing for the Applicant that the Applicant is entitled to be released on bail on merits as he is not the beneficiary and there is no recovery at the instance of the Applicant is contrary to the material on record. He submitted that material on record clearly shows that the Applicant is involved in very serious crime.

(ii) Mr. Venegavkar, learned Special Public Prosecutor pointed out the statements of following witnesses:-

(a) Mr. Santosh Sahebrao Kale, Loan Officer, Shivajirao Bhosale Sahakari Bank (“the said Bank”) (Page 87).

(b) Mrs. Sunita Lalasaheb Bandal, Branch Manager of the said Bank (Page 88).

(b) Mrs. Preeti Nitinrao Patil, Cashier of the said Bank (Page 89).

(c) Vinod Kachardas Paliwal, Branch Manager of Deccan Gymkhana Branch of the said Bank (Page 90).

On the basis of these statements, he submitted that the Applicant is involved in the serious crime.

(iii) Learned Special Public Prosecutor also pointed out detailed affidavit-in-reply dated 2nd January 2024 filed on behalf of the Respondent No.1-ED of Mr. Sunil Kumar, Assistant Director, Zonal Office-II, Mumbai Directorate of Enforcement, Ministry of Finance, Department of Revenue, Government of I