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2014 (11) TMI 1105 - HC - Money LaunderingBail application - offence of Money Laundering - Held that:- In this case, not only that the applicant is in custody for a period more than 3 years, but there is absolutely no possibility of the trial of this case commencing within a reasonable time. This is not disputed by the learned Public Prosecutor who submitted that steps for bringing the cases in respect of the scheduled offences allegedly committed by the applicant are before the Special Court under the PMLA Act, are being taken. As aforesaid, the properties belonging to the applicant and his Companies have already been attached, and the process of attachment is still being undertaken. Considering the volume of evidence that would be required to be adduced before the Special Court, it can be easily said that the trial would take several years for getting completed, after it commences; and presently even the commencement thereof is nowhere in sight. The applicant would be required to give sureties/securities not only in the present case if released on bail, but also in all the other cases of scheduled offences, though they would form a part of the present case only. As such, it would not be easy for him to abscond. In any case, appropriate conditions can be imposed upon the applicant to ensure that he would not abscond. Detaining the applicant further in custody without granting bail, in the circumstances, would be unfair, unreasonable and would violate the provisions of Article 21 of the Constitution of India. Thus we are inclined to release the applicant on bail, subject to certain conditions.
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