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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MR. JUSTICE PRAVEER BHATNAGAR, J
Mahesh Mittal S/o Shri Musaddilal – Appellant
Versus
Directorate Of Enforcement, Through Special Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. bail application filed under (Para 1) |
| 2. learned senior counsel mr v.r. (Para 2 , 3 , 4) |
| 3. contrarily, the learned additional (Para 5) |
| 4. furthermore, the asg argues (Para 6 , 7) |
| 5. it is clear that the stipulations (Para 8 , 9) |
| 6. the investigation conducted to date (Para 10) |
| 7. in the case of maneesh sisodia (Para 11) |
| 8. the hon'ble supreme court's subsequent (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 9. accordingly, the bail application (Para 18) |
Order :
2. Learned Senior counsel Mr V.R. Bajava presents an argument, asserting that there is no substantial case against the petitioner under the Prevention of Money Laundering Act (PMLA). He firmly states that the petitioner has not generated funds through illicit activities. Even if the petitioner secured the tender without full eligibility and there are inaccuracies in the certification, it's essential to recognise that the petitioner actively executed various works under the contract of the Jal Jeevan Mission, investing significant resources to meet the obligations outlined in government-issued work orders. Moreover, the relevant department has deposited the amount in the petitioner's account accordingly.
4. The petitioner is not
Prolonged incarceration without trial violates the right to liberty under Article 21; bail is the rule, and individual circumstances must be considered.
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 yield to Article 21 where prolonged pre-trial detention exceeds reasonable time without trial progress, converting detention to punishment; bail granted as rule when e....
Bail is a rule, but denial is justified when serious allegations and criminal history indicate a likelihood of re-offending and tampering with evidence.
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....
Prolonged incarceration before trial infringes on the right to speedy trial, necessitating bail under the Prevention of Money Laundering Act if trial delays are significant.
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