PMLA bail bid citing investigation delay and Article 21 vs mandatory s.45 twin conditions; bail refused, SLP dismissed In a bail plea under the PMLA, the dominant issue was whether the accused's claim of delay and Article 21 considerations could override the statutory ...
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PMLA bail bid citing investigation delay and Article 21 vs mandatory s.45 twin conditions; bail refused, SLP dismissed
In a bail plea under the PMLA, the dominant issue was whether the accused's claim of delay and Article 21 considerations could override the statutory "twin conditions" in s.45 to justify release while investigation remained at a crucial stage. The SC accepted the HC's view that mere filing of the complaint and alleged delay did not dilute the mandatory s.45 threshold and that the accused had not satisfied the twin conditions; consequently, bail was refused and the SLP was dismissed, with liberty to seek bail afresh if the trial does not proceed expeditiously.
The Court declined to interfere with the impugned order "at his stage," indicating no present ground to exercise jurisdiction in the Special Leave Petition. However, it preserved the petitioner's procedural option by granting "liberty... to renew the application in the event trial not proceeding expeditiously," linking any future relief to demonstrable delay in the conduct of the trial. The Special Leave Petition was "dismissed," and all pending application(s) were disposed of accordingly.
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