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The High Court allowed the application for regular bail filed u/ss 45 and 46 of PMLA read with Section 439 CrPC in a case involving illegal excavation and theft of coal. The Court recognized the gravity of economic offences but balanced it with the accused's right to speedy trial under Article 21. Despite stringent bail conditions u/s 45 PMLA, the Court held that long incarceration of nearly 28 months and no possibility of early trial completion justified granting bail. The Court imposed stringent conditions like personal bond of Rs.5 lakh and sureties to allay apprehensions of flight risk. The investigation was complete, and evidence was documentary, mitigating tampering concerns. The bail application was allowed, subject to conditions.
The High Court allowed the application for regular bail filed u/ss 45 and 46 of PMLA read with Section 439 CrPC in a case involving illegal excavation and theft of coal. The Court recognized the gravity of economic offences but balanced it with the accused's right to speedy trial under Article 21. Despite stringent bail conditions u/s 45 PMLA, the Court held that long incarceration of nearly 28 months and no possibility of early trial completion justified granting bail. The Court imposed stringent conditions like personal bond of Rs.5 lakh and sureties to allay apprehensions of flight risk. The investigation was complete, and evidence was documentary, mitigating tampering concerns. The bail application was allowed, subject to conditions.
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