9911796707
TMI Blog2024 (2) TMI 730X X X X Extracts X X X X X X X X Extracts X X X X ..... Kumar Saha who have been granted bail. Petitioner is the main accused and Bachhu Yadav was his henchman as the per the prosecution case. Accused, Krishna Kumar Saha was not named in the earlier two prosecution complaints and his name came up in the 3rd supplementary prosecution complaint submitted by the ED. Petitioner being the political representative of the then Chief Minister enjoys political and administrative connection. Matter involves crime proceed being generated by large scale illegal mining activity being carried out, and the Petitioner appears to be the king pin. There are prima facie materials to suggest his pivotal role in laundering of the crime proceed generated in illegal mining activity. Trial is at its nascent stage with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ort as PMLA) punishable under Section 4 of PMLA, pending in the Court of learned Special Judge, CBI cum Special Judge, PML Act, Ranchi. 4. The main ground for renewal of the bail application by the petitioner is that after earlier rejection, bail applications of the similarly situated co-accused persons have been allowed by Hon ble the Supreme Court as well as by this Court. A specific reference has been made to the bail application of co-accused, Bachhu Yadav which has been allowed by the Hon ble Supreme Court in Special Leave Petition (Crl.) No.7561 of 2023, inter alia, on the ground that he remained for a little over one year of incarceration, charge-sheet had been filed and after framing of the charge, five witnesses were examined ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be equated as punishment to deny bail. Further, it was held that prosecution in these cases cannot be equated with that of offence relating to punishment of death or punishment of ten years or more. The right to bail in cases of delay, coupled with incarceration for a long period, depending on the nature of the allegations, should be read with Section 439 of the Cr.P.C. and Section 45 of the PML Act. 8. Lastly, it is argued that from the averment made in the counter-affidavit, it appears that charge-sheet has been filed which does not disclose the fresh material against the petitioner. With regard to the averment made in the counter-affidavit that petitioner was involved in several other cases of predicate offence, it is submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ea that trial in money laundering case cannot be concluded until the trial for scheduled offence is concluded, it is submitted that Explanation (i) to Section 44 of PMLA clarifies the situation that it will not be dependent upon the disposal of the case of schedule offence. 14. With regard to medical treatment of the petitioner, it is submitted that best medical facilities are being provided to the petitioner as he was taken for treatment at Fortis Escorts Hospital. 15. Having considered the rival submissions advanced on behalf of both sides, it is apparent that case of this Petitioner cannot be equated with that of coaccused, Bachu Yadav or co-accused, Krishna Kumar Saha who have been granted bail. Petitioner is the main accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 19. Section 436A of the 1973 Code, is a wholesome beneficial provision, which is for effectuating the right of speedy trial guaranteed by Article 21 of the Constitution and which merely specifies the outer limits within which the trial is expected to be concluded, failing which, the accused ought not to be detained further. Indeed, Section 436A of the 1973 Code also contemplates that the relief under this provision cannot be granted mechanically. It is still within the discretion of the Court, unlike the default bail under Section 167 of the 1973 Code. Under Section 436A of the 1973 Code, however, the Court is required to consider the relief on case-to-case basis. As the proviso therein itself recognises that, in a given case, the detentio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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