Jurisdictional validity: notice issued by a non jurisdictional officer invalidates reassessment where no formal transfer or independent verification o...
Entitlement to bail under PMLA was assessed against the statutory twin conditions in Section 45 and the constitutional right to speedy trial; the court applied the principle that bail is the rule and jail the exception and held that twin conditions do not permit indefinite pre-trial incarceration, especially where investigation is complete, evidence is largely documentary, trial has not commenced and no realistic prospect of early conclusion exists. The court found alleged non-cooperation was not established and cannot alone justify denial of bail, and therefore granted bail subject to sureties and conditions to secure attendance and prevent witness tampering; no view on merits was expressed.
Entitlement to bail under PMLA was assessed against the statutory twin conditions in Section 45 and the constitutional right to speedy trial; the court applied the principle that bail is the rule and jail the exception and held that twin conditions do not permit indefinite pre-trial incarceration, especially where investigation is complete, evidence is largely documentary, trial has not commenced and no realistic prospect of early conclusion exists. The court found alleged non-cooperation was not established and cannot alone justify denial of bail, and therefore granted bail subject to sureties and conditions to secure attendance and prevent witness tampering; no view on merits was expressed.
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