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 December 2024 Year 2024 This

The Supreme Court reiterated the paramount importance of the ...


Prolonged Pre-Trial Detention Violates Liberty; Courts Must Weigh Factors in Bail Decisions, Urges Supreme Court.

December 14, 2024

Case Laws     Money Laundering     SC

The Supreme Court reiterated the paramount importance of the right to life and liberty under Article 21 of the Constitution, emphasizing that prolonged incarceration of an accused awaiting trial unjustly deprives them of personal liberty. The grant of bail must be determined based on unique circumstances, balanced against factors like the gravity of the offence, likelihood of interference with the investigation, possibility of evidence tampering, threat to witnesses, societal impact, and risk of absconding. Since the charge sheet has been filed but charges are yet to be framed in the ED Case, the Trial Court is directed to decide on framing charges before the winter vacations or 31.12.2024, whichever is earlier, and thereafter fix a date within the second and third week of January 2025 for recording statements of the most material or vulnerable prosecution witnesses. The petition is disposed of.

View Source

 


 

You may also like:

  1. The court granted regular bail to the accused in a money laundering case, considering the prolonged incarceration, the likelihood of delay in trial, and the...

  2. Bail granted to accused in money laundering case due to prolonged delay in trial proceedings and long incarceration, violating constitutional rights. Section 45 PMLA...

  3. HC granted bail to applicants under Section 436-A CrPC who were in pre-trial detention for 4 years 9 months, exceeding half the maximum 7-year sentence possible under...

  4. HC granted bail to accused in GST fraud case involving unauthorized Input Tax Credit (ITC) passed through fictitious firms. The court considered material factors...

  5. HC granted bail in a money laundering case after 3 years and 4 months of pre-trial detention. The prosecution relied on co-accused confessional statements under PMLA...

  6. The HC granted regular bail to the applicant in a money laundering case related to the AgustaWestland helicopter scam. Despite the stringent bail provisions under PMLA...

  7. HC granted bail to the applicant in a money laundering case after 3 years and 10 months of incarceration, applying Section 436A of CrPC which prevails over Section 45 of...

  8. HC granted regular bail to petitioner accused of demanding bribes for GST registration. Despite prima facie evidence linking petitioner to the alleged crime under...

  9. HC allows bail in money laundering case involving electromagnetic flow meter tender. The Court found prolonged pre-trial incarceration violates Article 21 and...

  10. 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...

  11. HC grants bail to accused in fraudulent ITC case after considering investigation completion, potential five-year maximum sentence, and pending trial. The court...

  12. This is a judgment by the High Court granting regular bail to the petitioner accused of offenses u/ss 420, 467, 468, 471 of the Indian Penal Code and Section 132(1)(b)...

  13. 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...

  14. HC granted bail in a money laundering case where the accused was charged with signing fabricated invoices while serving as Dean of Covid Centers. Despite ED's arrest...

  15. Seeking grant of regular bail u/s 439 of CrPC - Offence punishable u/s 132(1)(i)(i) of GST Act - bogus purchasers - GST registration was either suspended or cancelled -...

 

Quick Updates:Latest Updates