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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Vikas Bansal – Appellant
Versus
Directorate of Enforcement (ED) – Respondent
| Table of Content |
|---|
| 1. ecir basis: predicate offence scholarship fraud investigation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arrest alleged vengeful post-io bribery complaint. (Para 10 , 11 , 12 , 13 , 14) |
| 3. bail grounds: parity, delay, voluminous evidence. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. applicant's role in bogus claims, proceeds laundering. (Para 24) |
| 5. pmla section 45 twin conditions for bail. (Para 25 , 26 , 27 , 28) |
| 6. trial delay justifies bail despite pmla rigours. (Para 29 , 30 , 31 , 32 , 33 , 34) |
| 7. constitutional courts override statutory bail restrictions. (Para 35 , 36 , 37 , 38) |
| 8. twin conditions satisfied by prolonged custody, parity. (Para 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49) |
| 9. bail granted with stringent conditions. (Para 50 , 51 , 52 , 53 , 54 , 55) |
Applicant-Vikas Bansal has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), with a prayer to release him, on bail, during the pendency of the trial, pending before the learned Special Judge (PMLA), Shimla, arising out of case No. ECIR/SHSZO/04/2019, dated 19.07.2019, regi
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....
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....
Constitutional courts may relax PMLA Section 45 twin conditions for bail when prolonged incarceration and unlikely timely trial due to voluminous evidence violate Article 21 speedy trial rights.
In PMLA cases, constitutional courts grant bail despite Section 45 twin conditions if prolonged incarceration (over two years), trial delay not attributable to accused, and no reasonable trial conclu....
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.
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....
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 bail prevails over statutory restrictions when prolonged incarceration without trial violates constitutional rights.
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.
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