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TMI Blog2024 (5) TMI 1523X X X X Extracts X X X X X X X X Extracts X X X X ..... not yet faced trial or had charges framed against him - HELD THAT:- There is no prospect of even the trial commencing, as the charge has not been framed. In these facts, we find that the appellant will be entitled to be enlarged on bail under section 436A of the CRPC on 27th May, 2024. Hence, there is no need to have multiplicity of proceedings. The appellant shall be enlarged on bail under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the learned counsel Additional Solicitor General appearing for respondent No.1. 2. The appellant has been arrested in connection with an offence punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (for short "the PMLA"). Paragraph 416 of a decision of this Court in the case Vijay Madanlal Choudhary & Ors. Vs. Union of India & Ors. [2022 SCC OnLine SC 929] reads thus: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, such as where the trial was delayed at the instance of accused himself." (underline supplied) 3. In the facts of this case, the appellant will complete 3½ years of incarceration on 26th May, 2024. Thus, he will complete half of the prescribed sentence. In this case, obviously the trial has not started, as the charge has not been framed. This Court has held that Section 436A of the Cod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the appellant will be entitled to be enlarged on bail under section 436A of the CRPC on 27th May, 2024. Hence, there is no need to have multiplicity of proceedings. 6. Hence, we allow these appeals and direct that the appellant shall be enlarged on bail under Section 436A of the CRPC on 27th May, 2024. 7. For that purpose, the appellant shall be immediately produced before the Special Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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