Bail - Pre-Trial Incarceration – Right to Speedy Trial – Applicability of Section 436-A CrPC – Applicants had been in custody for nearly five years for offences carrying a maximum sentence of 7 years – The Court reaffirmed that Section 436-A CrPC applies to PMLA cases and overrides the rigors of Section 45 PMLA, as held in Vijay Madanlal Choudhary v. Union of India – ...
Criminal Law – Regular Bail – Petitioner sought regular bail pending trial for charges involving fraudulent activities and financial misappropriations – Allegations included obtaining illegal loans from a cooperative society and falsifying financial statements – Co-accused granted pre-arrest bail under similar allegations – Petitioner's role as director and signat...
Bail under NDPS Act – Compliance with Section 37 – Twin Conditions to Be Met – The petitioner sought bail in an NDPS Act case involving commercial quantity – Held: Under Section 37 of the NDPS Act, two conditions must be satisfied before granting bail – (i) The Court must hear the Public Prosecutor, and (ii) There must be reasonable grounds to believe that the accused...
Bail in Money Laundering Cases – Applicability of Section 45 of PMLA – The applicant was arrested for allegedly laundering ₹1.35 Crores from proceeds of crime linked to a COVID-19 food supply contract – Held: While Section 45 of PMLA imposes strict conditions for bail, prolonged incarceration without trial violates the right to personal liberty under Article 21 of the Constitut...
Bail – UAPA Offences – Right to Liberty – Prolonged Pre-Trial Detention – The appellant sought bail on the grounds that despite serious allegations, no arms or incriminating material were recovered, and the money allegedly transferred by the appellant to a co-accused lacked evidence of being used for illegal activities – Held: While UAPA contains stringent provisions ...
Bail Application – PMLA – Right to Speedy Trial under Article 21 – The applicant, accused of money laundering under Section 3 of the PMLA, sought bail citing prolonged incarceration of more than 3 years and 10 months – The applicant has already served more than half of the maximum punishment prescribed under the PMLA (7 years) – The Bombay High Court held that prolong...
Default Bail – Extension of Detention under UAPA – Prosecution sought an extension of investigation beyond 90 days—Trial court granted the extension without providing an opportunity of hearing to the accused—Held: Mandatory notice and presence of accused are required while considering an extension under Section 43D(2)(b) of UAPA—Denial of default bail on the basis of ...
Bail under NIA Act – Right to Speedy Trial – Petitioners accused of directing preparation of explosive bombs for political purposes—NIA investigation revealed connections with law enforcement and local administration—Court acknowledges serious allegations but emphasizes the right to a speedy trial—Held: Delay in trial cannot justify indefinite detention—Bail gra...
Bail in NDPS Cases – Section 37 NDPS Act – Prolonged Pre-Trial Custody – Bail Granted - The petitioner was accused of supplying narcotic drugs based on the disclosure statement of co-accused and call detail records – The prosecution failed to produce independent corroborative evidence such as recovery from the petitioner – The Supreme Court has granted bail in similar...
Bail - Money Laundering – Double Jeopardy – Applicant contended that he cannot be prosecuted in India after conviction in the United States—Held: Prosecution in India is permissible if the offences are distinct—Foreign conviction does not create an absolute bar on domestic prosecution—Bail denied [Paras 7, 20].
Money Laundering – Admissibility of Foreign Conv...