Home Case Index All Cases Money Laundering Money Laundering + HC Money Laundering - 2020 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (8) TMI 573 - HC - Money LaunderingMoney Laundering - Release of petitioner from Jail - allegation of extortion - keeping in jail custody beyond the period the maximum sentence which could be awarded pertaining to alleged offence though he has been remanded in judicial custody by a judicial order passed by the Court of competent jurisdiction - judicial order of remand - valid order of remand beyond the period of maximum sentence could have been awarded to the accused (the petitioner) in view of the protection provided under Article 20 and 21 of the Constitution of India or not - period of custody in jail. Maintainability of application - availability of alternative remedy - HELD THAT:- There is no absolute bar to entertain the writ application in the event of availability of alternative remedy subject to the condition mentioned herein above. If the issue falls under the aforesaid heading then the alternative remedy cannot be invoked as a bar for entertainment of the writ application and the court would adjudicate the dispute raised by the parties. Issuance of writ of mandamus in the shape of habeaus corpus giving direction to the court below to release from the judicial custody - HELD THAT:- The habeas corpus is a latin word which means “to provide the body”. A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine, if the person's imprisonment or detention is lawful. A habeas corpus petition proceeds as a civil action against the State agent who holds the defendant in custody. It can be exercised pertaining extradition processes used - the extension of benefit would be granted to the accused during the period of investigation, enquiry and trial with respect to other cases but, in the event, the accused has been found guilty and has been awarded sentence, till the expiry of the period of sentence, he will not be granted relief of set off with respect to other criminal cases. Admittedly, the petitioner is not only in custody with respect to present case rather with respect to other cases also and with respect to two cases, still he has not been granted bail and, as such, he is in jail custody in respect of aforesaid two cases also. This Court only places reliance on the declaration made by the petitioner as well as to the extent the Union of India has brought the fact to the notice of this Court - Though the petitioner has already suffered maximum punishment of seven years, so in the present case lodged under the PML Act, he cannot be kept in judicial custody but, because in two cases in which he is still in jail with respect to valid order of remand, in such circumstances, he cannot be released from jail custody exercising the power of habeas corpus but, this Court observes that after calculating the period of sentence in terms of Section 31 and 428 of the Cr.P.C., if the petitioner has completed seven years of jail custody, which is the maximum period he can be sentenced in this case, in such situation, he cannot be kept in jail custody with respect to the present case but, he cannot be set free from the jail on account of valid judicial order of remand with respect to two other cases. It will not be appropriate for this Court to straightway give direction for release of the petitioner from the jail custody rather he should take proper steps in accordance with law - Application disposed off.
|