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.

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:

3. Respondent – the Directorate of Enforcement (“ED”) by filing affidavit-in-reply of Mr. Venkata Naren Garapaty, Assistant Director, Zonal Office-II, Mumbai, Directorate of Enforcement, Ministry of Finance, Department of Revenue, Government of India dated 03.01.2025 opposed the Bail Application. In the said affidavit, the prosecution case is set out in Paragraph Nos. 6, 7 and 11 which read as under:

“6. BRIEF FACTS OF THE CASE

6.1. That, On January 8, 2020, the Shivajinagar Police Station, Pune registered FIR No. 0026/2020 based on a complaint filed by Mr. Yogesh Rajgopa Lakde, Chartered Accountant (Partner ot Mis Torvi Pethe & Co.) against Mr. Anil Shivaji Rao Bhosale, Mr. Suryaji Pandurang Jadhav, Mr. Tanaji Dattu Padwal, Mr. Shailesh Sampatrao Bhosale, Mr. Vishnu Tukaram Jagtap, Mr. Hanuman Babanrao Sorte, and others, invoking 420, 34, 406, 408, 409, 468, and 471 of the IPC, 1860.

6.2. That as the case was further transferred to Economic Offence Wing, the Economic Offence Wing. Pune filed charge-sheet No. 32/2020 on 18.05.2020, before the Hon'ble Additional Sessions Judge, Special M.P.I.D Court, Pune against Mr Anil Shivajirao Bhosale, Mr Suryaji Pandurang Jadhav, Mr Tanaji Dattu Padwal, Mr Shailesh S. Bhosale and others for constituting the offences punishable under Sections 34, 406, 408, 409, 420, 468 and 471 of IPC, 1860 read with Section 3, 4 & 5 of MPID Act Further during course of investigation, Economic Offence Wing filed Supplementary Chargesheet and the details of the various charge sheets and the accused individuals are annexed herewith as "EXHIBIT В".

6.3. That, based on the FIR no. 0026/2020 and the chargesheets mentioned in the Table above filed by the EOW, this Enforcement Directorate recorded an Enforcement case Information Report (ECIR) bearing No. ECIR/MBZO-II/03/2020 dated 16.03.2020 against Shri Anil Shivajirao Bhosale, the Chairman of Shivajirao Bhosale Sahakari Bank, Shri Suryaji Pandurang Jadhav, one of the directors of the bank, Shri Tanaji Dattu Padwal, Shailesh Sampatrao Bhosale and 12 others in the case of Shivajirao Bhosale Sahakari Bank to investigate the offence of Money Laundering under the prevention of Money Laundering Act, 2002 to the tune of Rs. 494 crores (approx.)

6.4. That, the said accused persons were arrested with respect to the case under PMLA and released on bail by the Hon'ble High court on these respective dates: