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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N. JADHAV, J.
Kishore Bisure – Appellant
Versus
State Of Maharashtra – Respondent
JUDGEMENT :
[MILIND N. JADHAV, J.]
1. The present Application is filed by the Applicant – Accused No. 2, [Applicant is Accused No. 2 in the Prosecution Complaint filed by ED.] for grant of bail under Section 439 of Code of Criminal Procedure,1973 (for short ‘Cr.P.C.’) read with Section 45 of Prevention of Money Laundering Act, 2002 (for short ‘PMLA’) in connection with ECIR No. ECIR/MBZO-1/63/2022 registered for offence under Section 3 and 4 of the PMLA.
2. Applicant was arrested by the Directorate of Enforcement (for short ‘ED’) on 19.07.2023. Applicant is incarcerated for 1 year 6 months 25 days. The Special Court rejected the bail Application preferred by the Application in Special PMLA Case No. 1500 of 2023 vide order dated 04.05.2024. Hence, the present Bail Application.
3. The predicate offence was registered on 24.08.2022 as FIR No. 0756 of 2022 with Azad Maidan Police Station, Mumbai for offences punishable under Sections 120B, 304A, 406, 420, 465, 467, 468, 471 readwith 34 of Indian Penal Code, 1860 (for short ‘IPC’). On 12.10.2022 the case was transferred to Economic Offence Wing (for short ‘EOW’) Mumbai and renumbered as FIR No. 144 of 2022. Subsequently ECIR No. ECIR/MBZO-1
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 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.
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 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.
The right to bail prevails over statutory restrictions when prolonged incarceration without trial violates constitutional rights.
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.
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