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BOMBAY HIGH COURT
APPASAHEB RAMCHANDRA DESHMUKH – Appellant
Versus
DIRECTORATE OF ENFORCEMENT AND ANR – Respondent
ORDER :
[GAURI GODSE, J.]
1. This application is filed by accused no. 6 for releasing him on bail in connection with ECIR/MBZO-II/31/2021. The bail application filed by the applicant before the Special Court under The Prevention of Money Laundering Act, 2002 (‘PMLA’) was rejected on 9th November 2023. The applicant was arrested on 16th June 2022 and has undergone incarceration for around two and a half years. The applicant is not an accused in the predicate offence. The predicate offence has resulted in the acquittal of the accused in the predicate offence, in view of the order passed before the Lok Adalat to compound the offences. However, the order passed by the Lok Adalat is stayed by this Court in a writ petition filed by the State Government. The petition is still pending. Hence, the hearing on the charge in the PMLA case has still not taken place. In view of these facts, the question to be decided by this Court is whether the applicant would be entitled to be released on bail on the ground of long incarceration.
2. The allegation in the predicate offence is regarding accepting huge amounts in cash by the educational institution from the students to secure admission to medical co
Prolonged incarceration without trial can justify bail, even in the presence of multiple pending cases, emphasizing that bail is the rule and detention is the exception.
PMLA Section 45 twin conditions relaxable by constitutional courts for bail if prolonged custody (over 2 years) and unlikely timely trial violate Article 21, absent accused delay, with voluminous doc....
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.
PMLA Section 45 twin conditions relaxable by constitutional courts where voluminous evidence delays trial unreasonably, prolonged custody violates Article 21 speedy trial right, ensuring bail despite....
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 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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