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        Case ID :
        Money Laundering

        The HC granted regular bail to the applicant in a money...

        Prolonged Pre-Trial Detention Without Trial Commencement Warrants Bail Under PMLA Section 45 Despite Stringent Provisions

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                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 SS45, the court ruled that the applicant's six-year pre-trial detention-approaching the maximum seven-year sentence-without trial commencement violated his constitutional right to speedy trial under Article 21. The court emphasized that statutory restrictions cannot justify indefinite incarceration, particularly when investigation remains incomplete after such prolonged custody. The HC noted the applicant had already received bail in the predicate offense from the SC on similar grounds. Bail was granted on a 5,00,000 bond with surrender of passport, acknowledging that with over 100 witnesses awaiting examination, trial completion within the maximum punishment period was unrealistic.
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