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 economic offence gravity.

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, registered with the Enforcement Directorate Office (ED), Sub-Zonal Office, Shimla, Himachal Pradesh, under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as ‘PMLA’).

2. According to the applicant, the said ECIR was registered on the basis of the source information of case FIR No. 133 of 2018, registered under Sections 409, 419, 465, 466 and 477 of the Indian Penal Code (hereinafter referred to as ‘IPC’), with Police Station East, Shimla, H.P. The investigation of the said case was entrusted to CBI, and a case, vide RC 0962019S0002, dated 7th May, 2019, was registered by CBI/ACB, Shimla, under , 419, 465, 466 and 471 . Since, Sections 419 and 471 were the scheduled offences, as defined under the PMLA, as, such, the present ECIR was registered by the respondent-ED.

3. It is the further case of the applicant that after the registration of RC 0962019S0002, dated 7th May, 2019, by the CBI, raids were conducted at 22 private institutions, including Himalayan Group of Professional Institutions (hereinafter referred to as ‘HGPI’) and Apex Group of Professional Institutions (hereinafter referred to as ‘AGPI’), which had applied for and received post matric scholarship scheme for SC, ST, OBC students of Himachal Pradesh and the records were seized.

4. The applicant is stated to be the Vice Chairman of HGPI and AGPI. The applicant is also stated to be one of the Trustees of Maa Saraswati Educational Trust and People Welfare Educational Trust.

5. According to the applicant, during the course of investigation, in the aforesaid RC, he was arrested by the CBI on 8th April, 2022, and was later on, released on bail, by this Court, vide order, dated 9th May, 2022, passed, in CrMP (M) No. 856 of 2022.

6. As per the further case of the applicant, after investigation, the CBI has filed different charge sheets in the Court of Special Judge (CBI), Shimla, and the applicant has been arrayed as accused, alongwith eight other persons, in one of the cases, which has been filed in the Court of learned Special Judge (CBI), Shimla, on 18th April, 2022, under Section 120-B read with Sections 409 and 471 IPC and Section 13(2) read with (1) (c) and (d) of the Prevention of Corruption Act (hereinafter referred to as ‘PC Act’).

7. As per the applicant, the ED conducted searches under Section 17 of the PMLA on 29th August, 2023, at various premises of the applicant, including the residential premises of his brother Rajnish Bansal, who was Chairman of HGPI and AGPI and took into possession the relevant documents.

8. According to the applicant, he was summoned only once on 5th November, 2019, by the then Investigating Officer. The applicant joined the investigation and submitted all the documents and material related to the present ECIR.

9. It is the case