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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Anil Nagar – Appellant
Versus
Directorate Of Enforcement Through Assistant Director – Respondent
JUDGMENT :
Anoop Chitkara, J.
Prosecution Complaint | Titled as 'Directorate of Enforcement Vs. Anil Nagar & Ors' bearing COMA No. 37 of 2023 dated 29.09.2023 in ECIR/CDZO-II/15/2021 dated 22.12.2021) under Section 3 punishable under section 4 of Prevention of Money Laundering Act, 2002, |
Arising out of,
FIR No. | Dated | Police Station | Sections |
004 | 17.11.2021 | State Vigilance Bureau (SVB) , Panchkula | 7A of Prevention of Corruption Act, 1988 |
1. The petitioner incarcerated in the complaint captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], read with Sections 44, 45 and 65 of PMLA seeking regular bail.
2. Per paragraph 41 of the bail application and the custody certificate, the accused has history of case(s) marked above.
3. The facts and allegations are being taken from the reply filed by the ED, which reads as follows:
'33. That based on the money laundering investigation carried out under PMLA, 2002 by the Directorate of Enforcement, it was revealed that Anil Nagar, the then Deputy Secretary, HPSC along with Ashwani Kumar @ Ashwani Sharma connived with Naveen, Pawan Gupta & other middlemen for taking bribe for getting the candidates fraudu
The right to personal liberty under Article 21 prevails over prolonged pre-trial incarceration, with bail granted subject to stringent conditions.
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.
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 right to bail prevails over statutory restrictions when prolonged incarceration without trial violates constitutional rights.
The right to a speedy trial under Article 21 allows for bail under Section 436A of the CrPC if the accused has served more than half of the maximum sentence for the offence charged.
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 court established that the right to a speedy trial can allow for bail even under stringent provisions of the PMLA when the accused has been in custody for a substantial period.
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