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N. S. SHEKHAWAT
Neeraj Saluja – Appellant
Versus
Directorate of Enforcement – Respondent
| Table of Content |
|---|
| 1. petition for bail filed under pml act (Para 1) |
| 2. arguments regarding petitioner's role and procedural history. (Para 2 , 3 , 4 , 5 , 6) |
| 3. supreme court's principles on bail under pmla. (Para 7 , 8 , 9 , 10) |
| 4. respondent's defense regarding bail eligibility. (Para 11 , 12) |
| 5. court's observations on incarceration and bail ordered. (Para 13 , 14 , 15) |
JUDGMENT :
N.S. Shekhawat, J.
The petitioner has filed the instant petition under Section 4 83 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant a regular bail in ECIR/JLZO/36/2020 under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002, (hereinafter to be referred as ‘the PML Act’) registered by Enforcement Directorate, Jalandhar.
2. Learned senior counsel appearing on behalf of the petitioner vehemently argues that the petitioner is a guarantor and suspended director of a company known as SEL Textiles Limited (hereinafter to be referred as ‘the Company’). The said Company was a leading manufacturer of textiles products in North India and in the year 2009, the Central Bank of India and Allahabad Bank had formed a consortium to extend the credit facilities to the companies after observin
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.
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 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.
Bail – Delay and long detention in custody cannot be a ground for grant of bail in cases of money laundering.
Economic offences like money laundering under the PMLA warrant severe scrutiny for bail, emphasizing the right to a speedy trial while recognizing the gravity of the allegations and prolonged detenti....
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 bail prevails over statutory restrictions when prolonged incarceration without trial violates constitutional rights.
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