Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
PMLA - Highlights / Catch Notes

Home Highlights October 2024 Year 2024 This

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.

View Source

 


 

You may also like:

  1. Applicant sought regular bail in case involving recovery of commercial quantity of contraband under NDPS Act. Court considered factors like prima facie case, nature of...

  2. Bail granted in a case involving alleged fraud, manipulation of accounts, and violations of the Companies Act and Indian Penal Code. Despite stringent bail provisions...

  3. Bail application dismissed in a case involving seizure of commercial quantity of contraband item (1.873 kg Methaqualone) under NDPS Act. Court held that alleged planting...

  4. The Delhi High Court considered a bail application in a money laundering case involving a predicate offence. The delay in trial was a key issue. The court emphasized...

  5. The appellant was granted bail in the Excise Policy case due to prolonged incarceration and denial of the right to speedy trial, despite the seriousness of the...

  6. Bail application for money laundering offense granted considering long incarceration exceeding substantial part of prescribed sentence, applicant's advanced age and...

  7. Seeking grant of regular bail - evasion of GST - Given the fact that the petitioner was arrested on 13.03.2021 and is in custody ever since in a case where the maximum...

  8. Bail application dismissed in a case involving seizure of commercial quantity of contraband. Key issues: improper sampling procedure found acceptable; delay in filing...

  9. Bail application dismissed in a case involving serious offences u/ss 420, 467, 471 of the Indian Penal Code and Section 45 of the Prevention of Money Laundering Act,...

  10. 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....

  11. The court held that an accused is entitled to a speedy trial, and if the trial gets prolonged, bail cannot be denied solely on the ground of serious charges. The right...

  12. The court granted regular bail to the applicant charged u/s 120B of the IPC and Sections 7/7A/8 of the Prevention of Corruption Act, 1988. The applicant has been...

  13. Seeking grant of bail - scheduled offence - The court acknowledged the gravity of the allegations but also highlighted the applicants' right to bail, given the...

  14. Seeking grant of Bail - issuance of fake invoices - In appropriate cases, the detention of the Petitioner for a longer period can be ordered, even if he has undergone...

  15. Seeking grant of bail - illicit supply of finished goods, namely perfumery compounds, without issuing any tax invoice and without payment of GST - A prayer for bail is...

 

Quick Updates:Latest Updates