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TMI Blog2024 (9) TMI 321X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be arbitrarily subjugated to the statutory bar in Section 45 of the Act. Here the accused is lodged in jail for a considerable period and there is little possibility of trial reaching finality in the near future. The liberty guaranteed under Article 21 of the Constitution does not get abrogated even for special statutes where the threshold twin bar is provided and such statutes, cannot carve out an exception to the principle of bail being the rule and jail being the exception. The cardinal principle of bail being the rule and jail being the exception will be entirely defeated if the petitioner is kept in custody as an under-trial for such a long duration. This is particularly glaring since in the event of conviction, the maximum sentence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court rejecting Bail of Vijay Nair who is a co-accused in Delhi Excise policy scam. It is alleged that the petitioner acted as a middleman and was involved in irregularities in framing and implementing the Delhi Excise policy. 4. In support of the bail plea for the petitioner, it is submitted that the petitioner was arrested on 13.11.2022 and has now been in custody for about 22 months. It is then pointed out that since the charge is of money laundering under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (for short, the Act ), the maximum punishment in the event of conviction is 7 years and as such further detention will not be justified. The bail having been granted to the co-accused (Manish Sisodia and Kalvakuntla Kavi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the co-accused (Manish Sisodia) was taken up by this Court, an assurance was given by the counsel representing the Directorate of Enforcement on 30.10.2023 that the trial would get concluded within 6-8 months. But as can be seen, the trial is yet to commence. As many as 40 persons have been arrayed as accused in the cases with 9 complaints. The prosecution expects to examine around 350 witnesses. In this context, the learned ASG submits that the delay in commencement of trial cannot be entirely attributed to the prosecution as the petitioner had filed multiple applications before the authorities, which needed to be disposed of. On this aspect, it is to be noted that multiple supplementary complaints have been filed by the Directorate of Enf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epending on the nature of the allegations, should be considered under Section 439 Cr. P.C. and Section 45 of the Act. Most importantly, bail should not be withheld as a form of punishment, reiterating the principle that bail is the rule, and its refusal is the exception. 11. In a recent judgment of this Court, in Prem Prakash v. Union of India through the Directorate of Enforcement 2024 SCC OnLine SC 2270 , the Court again reiterated that fundamental right enshrined under Article 21 cannot be arbitrarily subjugated to the statutory bar in Section 45 of the Act. 12. Here the accused is lodged in jail for a considerable period and there is little possibility of trial reaching finality in the near future. The liberty guaranteed under Article 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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