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MADHAV J. JAMDAR
Tanaji Dattu Padwal – Appellant
Versus
Director of Enforcement – Respondent
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:
| 1. | C. R. No. | Special Case No.485 of 2021 registered in connection with ECIR/MBZO-II/03/2020. |
| 2. | Date of registration of F.I.R. | 08/01/2020 |
| 3. | Name of Police Station | Shivaji Nagar, Dist. Pune (Directorate of Enforcement) |
| 4. | Section/s invoked (Scheduled Offence) | 406, 408, 409, 420, 468, 471 r/w. 34 of Indian Penal Code, 1960 along with Sections 3, 4 and 5 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 |
| 5. | Section/s invoked (PMLA Offences) | 4 of the Prevention of Money Laundering Act, 2002 (“PMLA”) |
| 6. | Date of arrest | 24/02/2020 in IPC Offences/Scheduled Offences 05/03/20 |
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 under Article 21 of the Constitution prevails, allowing bail under Section 436A of the CrPC despite statutory restrictions in the PMLA.
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 is fundamental under Article 21, and prolonged incarceration without trial infringes on this right, warranting bail despite serious allegations.
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 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 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 one-half of the maximum imprisonment period without trial, leading to bail being....
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....
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