Home Case Index All Cases Money Laundering Money Laundering + HC Money Laundering - 2022 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (2) TMI 960 - HC - Money LaunderingMoney Laundering - schedule offences - siphoning off of funds - constitutional validity of twin conditions prescribed for release on bail as per Section 45(1) of the PML Act, 2002 - HELD THAT:- It reveals that two other co-accused persons, namely, Pradeep Kumar Sethy and Jyoti Prakash Jay Prakash, whose release on bail has been referred by the Petitioner were granted on bail upon reliance of the decision of the Supreme Court in the case of NIKESH TARACHAND SHAH VERSUS UNION OF INDIA AND ANR. [2017 (11) TMI 1336 - SUPREME COURT], wherein the Supreme Court held the twin conditions prescribed for release on bail as per Section 45(1) of the PML Act, 2002 to be unconstitutional as violative of Articles 14 and 21 of the Constitution of India. The present Petitioner is inside custody since 30.5.2013 relating to Kharavela Nagar P.S. Case No.44 of 2013 and in respect of the present case since 16.10.2017. It is admitted by the parties that despite such long detention of the Petitioner inside custody, the trial has not commenced yet. Thus keeping in view the period of detention of the Petitioner inside custody, the delay in trial, release of other two co-accused persons, namely, Pradeep Kumar Sethy and Jyoti Prakash Jay Prakash as well as the observations rendered by this Court and other High Courts with regard to applicability of the provisions of Section 45 of the PML Act, 2002, it is directed to release the Petitioner on bail - Bail application dismissed.
|