9911796707
TMI Blog2023 (12) TMI 956X X X X Extracts X X X X X X X X Extracts X X X X ..... cts personal liberty guaranteed under Article 21 of the Constitution of India of an accused. In the present case, as per the submissions of the learned senior counsel for the Petitioner, admittedly the Petitioner is in custody for more than five years and eight months. The trial Court has not yet framed charge in the case and the likelihood of completion of trial of the Petitioner in the present case within reasonable time is very bleak The maximum sentence prescribed under Section 3 of the PMLA is 7 years. The period of incarceration undergone by the Petitioner has exceeded the substantial part of the prescribed sentence. It appears that, the Petitioner has already completed 3/4 of his sentence, if convicted and sentenced for minimum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of completion of trial of the Petitioner in near future is remote and therefore he may be released on bail, pending Petition. 5) Perusal of record indicates that, the Respondent No. 1 arrested the Petitioner on 23rd April, 2018. The Bail Application No. 1297 of 2018 preferred by the Petitioner for bail was rejected by the single Judge of this Court by its Order dated 10th August, 2018. The Petitioner thereafter preferred Criminal Writ Petition No. 2829 of 2019, before the Division Bench of this Court. By its Order dated 6th June, 2019, the Division Bench directed the Petitioner to be kept in house arrest for the reasons stated in the said Order. The interim relief granted by Order dated 6th June, 2019 was subsequently extended by an Orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imately curtailed by operation of law. 7) It is by now well settled and recognized principle of law that, prolonged custody amounts to infringement or violation of Article 21 of the Constitution of India of an accused. There is no debate that, incarceration in custody for long period without trial or completion of trial affects personal liberty guaranteed under Article 21 of the Constitution of India of an accused. The Hon ble Supreme Court in the case of Union Of India V/s. K.A. Najeeb reported in (2021) 3 SCC 713, in paragraph No. 17 has held as under:- 17. It is thus clear to us that the presence of statutory restrictions like Section 43-D(5) of the UAPA per se does not oust the ability of constitutional courts to grant ba ..... X X X X Extracts X X X X X X X X Extracts X X X X
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