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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N. JADHAV,
Dheeraj Wadhawan – Appellant
Versus
Directorate Of Enforcement And Anr – Respondent
JUDGEMENT :
[MILIND N. JADHAV, J.]
1. Heard Mr. Desai, learned Senior Advocate for Applicants; Mr. Venegavkar, learned Advocate for Respondent – ED and Mr. Dedhia, learned Advocate for Respondent – State.
2. The twin Bail Applications have been filed under Section 436-A read with Sections 439 and 482 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking Bail in connection with ECIR/MBZO- I/03/2020 dated 07.03.2020 registered with Central Bureau of Investigation (‘CBI’), EO-I, New Delhi for offences punishable under Sections 120-B read with 420 of the Indian Penal Code, 1860 (for short ‘IPC’) and Section 3 of the Prevention of Money Laundering Act, 2002 (for short ‘PMLA’). There are in all 36 accused in the matter and Applicants before me are arraigned as Accused Nos.9 and 10 in the crime incarcerated since 14.05.2020 i.e. almost 4 years 9 months. Since facts are common as also charges qua both accused arising out of the same ECIR, both Applications are disposed of by this common order.
3. Briefly stated on 07.03.2020 CBI filed FIR bearing No. RC 219 of 2020 E0004 for offences under Sections 120-B read with 420 of the IPC and on the basis of that FIR, on the same date i.e. 0
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....
The right to speedy trial is fundamental under Article 21, and prolonged incarceration without trial necessitates bail, emphasizing that bail is the rule and jail is the exception.
The court emphasized that bail is the rule and jail is the exception, particularly in cases of long incarceration without trial, invoking the right to speedy justice under Article 21.
Prolonged pre-trial detention violates the fundamental right to a speedy trial under Article 21, necessitating bail for the accused.
Prolonged incarceration without trial violates the right to speedy trial under Article 21, warranting bail as the rule and refusal as the exception.
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 principle that bail is the rule and jail is the exception is reinforced, emphasizing the right to a speedy trial and personal liberty under Article 21 of the Constitution.
The principle that bail is the rule and jail is the exception is reaffirmed, especially when an accused has been in custody for an extended period without trial progress.
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