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PRITHVIRAJ K. CHAVAN
Ajay Ajit Peter Kerkar – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT
Heard Mr. Mirajkar, learned Counsel for the applicant and Mr. Venegavkar, learned Special Public Prosecutor for the respondent No.1. E.D.
2. At the outset, learned Counsel for the applicant has prayed for release of the applicant on bail mainly on the premise that he has undergone 2 years and 340 days in the custody as an under trial prisoner in light of the fact that the maximum sentence under Section 4 of the Prevention of Money-Laundering Act, 2002 (for short “PML Act”) is 3 years. The charge has not yet been framed and that the prospects of the trial commencing in time in the near future is bleak. As such, dehors merits, Counsel prays for release of the applicant only on the ground of inordinate delay in commencing the trial.
3. A few facts germane for disposal of this application are as follows.
4. The applicant came to be arrested by the Enforcement of Directorate on 27.11.2020. Before his arrest, on 07.03.2020 CBI filed an FIR (RC No.219 of 2020) at New Delhi against Cox & Kind Group of Companies (for short “CKL”) and others alleging a bank fraud. CKL was in insolvency since 2019. Forensic audit revealed serious financial misconduct. The applicant filed a complaint
Bail – Right to be enlarged on bail after undergoing detention for a period exceeding one half of minimum period of imprisonment is not an absolute right.
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 under Article 21 of the Constitution prevails, allowing bail under Section 436A of the CrPC despite statutory restrictions in the PMLA.
Section 436A of the Code of Criminal Procedure, 1973, provides for bail in cases where the trial has not commenced, emphasizing the right to a speedy trial and access to justice.
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 main legal point established in the judgment is the constitutional validity of Section 45(1) of the PML Act and the subsequent amendments, as well as the importance of speedy trial and the right ....
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 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.
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