Criminal Procedure Code, 1973
Section 439—Bail—Rejection by High Court—Appeal—Bail application was filed in connection with an alleged offence under Section 3 of the Prevention of Money Laundering Act—Since the existence of a scheduled offence is the sine qua non for alleging existence of proceeds of crime then, the said existence of proceeds of crime at the time of the trial of offence under Section 3 of the Act can be proved only if the scheduled offence is established in the prosecution of the said offence—Trial in the case under PMLA cannot be finally decided unless a trial of scheduled offence concludes—Inordinate delay in conclusion of trial and higher threshold for grant of bail cannot go together— Bail is the rule and jail is the exception even in context of Section 45 of the Prevention of Money Laundering Act—Appellant has been incarcerated for 15 months or more for the offence punishable under PMLA—Trial of the scheduled offences and, consequently, the PMLA offence is not likely to be completed in three to four years or even more—If the appellant’s detention is continued, it will amount to an infringement of his fundamental right under Article 21 of the Constitution of India of speedy trial—Appellant ordered to be enlarged on bail—Appeal allowed.
[Paras 21, 23, 34, 25, 27 & 29]