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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE MADHAV J. JAMDAR
Anil Shivajirao Bhosale – Appellant
Versus
Directorate Of Enforcement – Respondent
JUDGMENT :
MADHAV J. JAMDAR, J.
1. Heard Mr. Mundargi, learned Counsel along with Ms. Keral Mehta, learned Counsel appearing for the Applicant and Mr.Venegavkar, learned P.P. appearing for the Respondent-ED.
2. This regular Bail Application is preferred under Section 439 of the Code of Criminal Procedure, 1973 (“CrPC”) r/w. Section 45 and Section 65 of the Prevention of Money Laundering Act, 2002 (“PMLA”) in ECIR/MBZO-II/20/2020 lodged by Respondent-ED. The relevant details are as follows:
| 1. | ECIR No. | ECIR/MBZO-II/ 20/2020 |
| C.R./F.I.R. Number (Scheduled Offence) | C. R. No. 0026/2020 | |
| 2. | Date of Registration of ECIR | 16.03.2021 |
| Date of Registration of C.R./F.I.R. (Scheduled Offence) | 08.01.2020 | |
| 3. | Prosecuting Agency | |
| ECIR | Enforcement Directorate | |
| Scheduled Offences | Shivaji Nagar Police Station, Pune | |
| 4. | Sections invoked (ECIR) | Section 3 r/w. 70 of the Prevention of Money Laundering Act, 2002 |
| Scheduled offences | Sections 420 r/w. 34, 406, 408, 409, 465, 468 & 471 of the Indian Penal Code, 1860 | |
| 5. | Date of arrest of the Applicant in Scheduled Offence | 25.02.2020 |
| Date of arrest in ECIR | 05.03.2021 | |
| 6. | Date of filing of Charge-sheet in Scheduled Offence | Charge-sheet bearing No. 32/2020 dated 18th May 2020 |
| ECIR Complaint | April 2021 | |
| 7. | ||
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 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 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 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 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....
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