The High Court allowed the application for regular bail filed ...

Accused granted bail in coal theft case balancing gravity of crime and right to speedy trial after 28 months in custody.

Case Laws     Money Laundering

September 5, 2024

The High Court allowed the application for regular bail filed u/ss 45 and 46 of PMLA read with Section 439 CrPC in a case involving illegal excavation and theft of coal. The Court recognized the gravity of economic offences but balanced it with the accused's right to speedy trial under Article 21. Despite stringent bail conditions u/s 45 PMLA, the Court held that long incarceration of nearly 28 months and no possibility of early trial completion justified granting bail. The Court imposed stringent conditions like personal bond of Rs.5 lakh and sureties to allay apprehensions of flight risk. The investigation was complete, and evidence was documentary, mitigating tampering concerns. The bail application was allowed, subject to conditions.

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