IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Hitesh Gandhi – Appellant
Versus
Enforcement Directorate Office (ED) – Respondent
Based on the provided legal document, the following key points are relevant for understanding the legal considerations related to the bail application of Hitesh Gandhi:
Nature of the Case and Charges: The case involves allegations of involvement in a large-scale scholarship scam and money laundering, with the applicant accused of supervising fraudulent claims and diverting funds. The charges are serious, and the investigation involves extensive documentary evidence and multiple witnesses (!) (!) (!) .
Custody and Trial Stage: The applicant has been in custody for over two years and four months, with the trial at an early stage, primarily at the stage of supply of documents and witnesses. The charges have not yet been framed, and the commencement and conclusion of the trial appear to be distant (!) (!) (!) .
Delay in Trial and Right to Speedy Trial: The prolonged incarceration without trial conclusion raises constitutional concerns about the right to a speedy trial and personal liberty. Multiple judgments emphasize that indefinite detention in such circumstances can violate Article 21 of the Constitution (!) (!) (!) .
Conditions for Bail and Previous Orders: The applicant's earlier bail applications were dismissed based on the non-fulfillment of conditions under Section 45 of the relevant law. However, given the significant delay and the likelihood that the trial will not conclude in the near future, the Court considers that the twin conditions for bail are satisfied in this case (!) (!) .
Likelihood of Trial Concluding Soon: The volume of evidence, number of witnesses, and stage of proceedings suggest that the trial is unlikely to be completed in the near future, strengthening the case for bail on grounds of constitutional rights and delay (!) (!) (!) .
Conditions for Release: The Court proposes imposing appropriate conditions, such as regular attendance, non-interference with evidence, no influence on witnesses, travel restrictions, and disclosure of any other cases, to mitigate concerns related to influence and tampering (!) .
Legal Framework and Principles: The provisions under the relevant law (Section 45 of PMLA) require the Court to assess the twin conditions before granting bail. The Court recognizes that these conditions can be relaxed in cases where trial delays are substantial, and the applicant has spent considerable time in custody without trial progress. The constitutional mandate for a speedy trial and personal liberty takes precedence in such scenarios (!) (!) (!) .
Overall Conclusion: Considering the lengthy custody, early stage of trial, voluminous evidence, and the constitutional right to a speedy trial, the Court finds that the twin conditions for bail are satisfied. Accordingly, the bail application is likely to be granted, subject to appropriate conditions to ensure compliance and prevent interference with the ongoing investigation and trial proceedings (!) (!) .
Please note that this summary is based solely on the provided document and does not include specific case law references.
| Table of Content |
|---|
| 1. bail application post prolonged judicial custody (Para 1 , 2 , 3 , 4) |
| 2. prior bail history shows no liberty abuse (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. ed alleges scholarship scam involvement (Para 13 , 14 , 15) |
| 4. ed opposes bail citing prior dismissals (Para 16 , 17) |
| 5. trial delay not attributable to applicant (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 6. precedents favor bail in protracted trials (Para 25 , 26 , 27 , 28) |
| 7. pmla trial awaits predicate offence resolution (Para 29 , 30 , 31 , 32 , 33) |
| 8. long custody relaxes pmla twin conditions (Para 34 , 35 , 36 , 38 , 39 , 40) |
| 9. bail granted subject to conditions (Para 41 , 42 , 43 , 44 , 45) |
JUDGMENT :
Virender Singh, J.
Applicant-Hitesh Gandhi 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, in case No. ECIR/SHSZO/04/2019, dated 22.07.2019, registered with the Enforcement Directorate Office (ED), Sub-Zonal Office, Rani Villa, Bagrian House, Strawberry Hills, Chhota Shimla, Shimla, Himachal Pradesh.
2. According to the applicant, he remained in judicia
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