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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N. JADHAV, J
Suraj Satish Chavan – Appellant
Versus
Directorate Of Enforcement – Respondent
JUDGMENT :
[MILIND N. JADHAV, J.]
1. This Application is filed by Applicant / Accused (Sole Accused) for grant of bail under Section 439 of Cr.P.C. read with Section 45 of Prevention of Money Laundering Act, 2002 (for short “PMLA”). Applicant has been arrested and is in jail since 17.01.2024. The designated Special Court by order dated 09.09.2024 dismissed the Bail Application preferred by the Applicant. Bail Application is filed in connection with the alleged offence under Section 3 of the PMLA which is punishable under Section 4 of the said Act. Six volumes of the charge-sheet is filed as compilation by Applicant. Reference to relevant documents is as per the documents appearing in the compilation.
2. Briefly stated, prosecution case is that Mumbai police registered FIR on 01.09.2023 on the basis of Complaint filed by Gopal Pandurang Lavne - EOW officer in respect of two specific Work orders issued by the Municipal Corporation of Greater Mumbai (for short “MCGM”) dated 14.04.2020 and 17.04.2020 to supply cooked food (khichdi) during the COVID-19 Pandemic lock down period between March 2020 and July 2020 to the Ward Offices for distribution to the citizens. Delay in filing the compla
The right to bail is fundamental, and prolonged incarceration without trial violates Article 21, especially when the trial is unlikely to conclude in a reasonable time.
The right to a speedy trial is fundamental, and prolonged detention without trial violates constitutional rights, warranting bail under PMLA.
Prolonged detention without trial violates the right to a speedy trial under Article 21; mere reliance on co-accused statements without corroborating evidence is insufficient for continued incarcerat....
Prolonged incarceration without trial violates Article 21 rights; bail granted due to lack of prima facie evidence against the accused.
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 court emphasized that in economic offences, especially under the PMLA, bail should not be granted unless the accused demonstrates they are not guilty and unlikely to commit further offences.
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 is fundamental under Article 21, and prolonged incarceration without trial infringes on this right, warranting bail despite serious allegations.
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