2017 (8) TMI 572 - SC - Money Laundering

Offense under PMLA - bail application - Held that - Having regard to the period of custody suffered and the fact that the trial has not commenced we are of the view that the accused appellant should be released on bail. We order accordingly. Therefore, the appellant is ordered to be released on bail to the satisfaction of the learned Special Judicial Magistrate, CBI & Economic Offences, Indore (M.P.). At the same time, to take care of the apprehension expressed by the learned Solicitor General for India that the accused appellant may abscond like two other co-accused which apprehension is considered to be reasonable we direct that the learned trial Court will release the accused appellant on bail subject to such conditions including the condition requiring the accused appellant to report to the local police station at periodic intervals as may be considered appropriate and only after hearing the learned Public Prosecutor on the issue of conditions to be imposed for grant of bail.

Summary

Issues: Bail granted to accused appellant after prolonged custody without trial commencement.

The Supreme Court granted bail to the accused appellant who had been in custody for over two years without the commencement of the trial. The accused was facing charges under Sections 420, 467, 468, 471, and 120B of the Indian Penal Code, 1860, with a charge sheet submitted in May 2015. Despite facing a total of 13 cases, including some under the Prevention of Money Laundering Act, the accused had been granted bail in cases under the PMLA. However, in cases involving offenses under the IPC, where the Central Bureau of Investigation was investigating, the accused had not been granted bail and was in detention for the present case.

The Court considered the period of custody suffered by the accused and the delay in commencing the trial. It was noted that the accused appellant should be released on bail due to these factors. The Court ordered the release of the appellant on bail to the satisfaction of the learned Special Judicial Magistrate, CBI & Economic Offences, Indore, in connection with a specific case. To address concerns raised by the Solicitor General for India regarding the possibility of the accused absconding, the Court directed the trial court to impose appropriate conditions for the bail release, including reporting to the local police station at periodic intervals, after hearing the Public Prosecutor on the issue of conditions.

Consequently, the Supreme Court set aside the order of the High Court and disposed of the present appeal by granting bail to the accused appellant in the specified case, emphasizing the need for timely trial commencement and appropriate conditions for bail release to ensure the accused's presence during proceedings.