Back
MANOJ KUMAR OHRI
Jawed Imam Siddiqui – Appellant
Versus
Directorate Of Enforcement – Respondent
JUDGMENT :
MANOJ KUMAR OHRI, J.
1. By way of present bail application, the petitioner/applicant seeks regular bail in the proceedings emanating out of ECIR/35/DLZO/I/2022 dated 16.09.2022 which was registered on the basis of the FIR bearing No. 9A dated 23.11.2016 registered by the Central Bureau of Investigation (hereafter, the CBI), AC-III, New Delhi under Sections 120-B of IPC & 13(1)(d) r/w 13(2) of PC Act, 1988.
2. The allegations made in the aforesaid FIR, in nutshell, are that Mr. Amanatullah Khan, i.e. the main accused, in his tenure as chairman of the Delhi Waqf Board (hereafter, the “DWB”), misused his position from March 2016 - October 2016 to appoint and engage relatives and other known persons to various posts in the DWB, from which they derived pecuniary benefits. It was further alleged that the tenancies of DWF properties were allotted without inviting bids and leased out only on reserve price. There were also allegations of misuse of DWB funds.
The predicate offence was investigated by the CBI which culminated into filing of chargesheet bearing No. 07/2022 dated 31.08.2022. While the appointments of Mr. Mehboob Alam as CEO, four persons under the NAWADCO Scheme, Mr. R.K
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 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 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 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.
Bail – Offence of money laundering – If incarceration of an undertrial accused is continued for an unreasonably long time, provisions may be exposed to vice of being violative of Article 21 of Consti....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
