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Issues: Whether the appellant, accused under the Prevention of Money Laundering Act, 2002, was entitled to bail pending trial in view of prolonged incarceration and the unlikelihood of the trial concluding within a reasonable time.
Analysis: The appellant had remained in custody for about 1 year and 2 months, while the case involved 225 witnesses and only one had been examined. The Court applied the principle that where continued detention under the Prevention of Money Laundering Act, 2002 would result in unreasonable delay in trial and infringement of the right to speedy trial, constitutional courts may exercise their jurisdiction to grant bail notwithstanding the statutory restrictions under Section 45(1)(ii) of the Prevention of Money Laundering Act, 2002. The Court found the earlier decision in V. Senthil Balaji applicable on the facts.
Conclusion: The appellant was entitled to be enlarged on bail pending trial.
Ratio Decidendi: Prolonged pre-trial incarceration in a case under the Prevention of Money Laundering Act, 2002, where the trial is not likely to conclude within a reasonable time, can justify grant of bail by constitutional courts on the ground of protection of the right to speedy trial under Article 21 of the Constitution of India notwithstanding the statutory bail restrictions.
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