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RAJESH SINGH CHAUHAN
Shiv Priya – Appellant
Versus
Enforcement Directorate Thru Asst. Director Lucknow Zone Lucknow – Respondent
JUDGMENT :
1. Heard Sri I.B. Singh, learned Senior Advocate assisted by Sri Amit Sinha, Sri Aditya Vaibhav Singh and Sri M.G. Khan, learned counsel for the applicant and Sri Rohit Tripathi, learned counsel for the Enforcement Directorate (E.D.).
2. As per learned counsel for the applicant, the present applicant (Shiv Priya) is languishing in jail since 03.12.2019 in Sessions Case No.1266 of 2020 arising out of Crime/ ECIR No.06/PMLA/LKZO/ U/s 3/4 of Prevention of Money Laundering Act, 2002, Police Station-ED/Lucknow titled as Assistant Director Enforcement Directorate vs. Ajay Kumar & Ors., pending before the learned Special Judge-PMLA, Lucknow (U.P.).
3. As per Sri I.B. Singh, learned Senior Advocate for the applicant, the present applicant happens to be erstwhile Director in Amrapali Group of Companies (here-in-after referred to as "AGC") which was into real estate and allied business in Noida/ Greater Noida, Uttar Pradesh. The role of the present applicant being qualified Civil Engineer by qualification was limited to conceiving Architectural Planning and Engineering thereof and was not involved in financial planning of the Company. The present applicant on account of being Directo
The main legal point established in the judgment is that the length of incarceration and the likelihood of trial completion are crucial factors in determining whether an applicant should be granted b....
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....
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....
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....
The court emphasized that in economic offences, especially under the PMLA, bail should not be granted unless the accused demonstrates they are not guilty and unlikely to commit further offences.
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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