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PMLA - Highlights / Catch Notes

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Bail granted to accused in money laundering case due to ...


Accused granted bail due to prolonged delay in trial, long incarceration violating constitutional rights of speedy trial & personal liberty.

Case Laws     Money Laundering

October 30, 2024

Bail granted to accused in money laundering case due to prolonged delay in trial proceedings and long incarceration, violating constitutional rights. Section 45 PMLA cannot override Article 21 guaranteeing speedy trial. Courts have power to grant bail considering totality of circumstances, nature of allegations, delay not attributable to accused. Bail is rule, jail exception. Constitutional mandate of personal liberty prevails over statutory provisions when trial inordinately delayed. Prolonged custody without trial violates fair trial and liberty. Accused released on bail with conditions after considering evidence, flight risk, joining investigation, interim bail conduct.

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