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    <title>2024 (3) TMI 1418 - DELHI HIGH COURT</title>
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    <description>Prolonged pre-trial detention under the PMLA was treated as incompatible with Article 21 where the applicant had remained in custody for over six years, the investigation was incomplete, and the trial had not begun. The Court held that the twin conditions in Section 45 could not be applied so rigidly as to sustain indefinite incarceration, and that Section 436A operates as a safeguard against excessive detention. Bail was therefore granted despite the statutory rigours, because continued custody had effectively become punishment without adjudication and the trial was unlikely to conclude within the remaining sentence period.</description>
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      <title>2024 (3) TMI 1418 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=461024</link>
      <description>Prolonged pre-trial detention under the PMLA was treated as incompatible with Article 21 where the applicant had remained in custody for over six years, the investigation was incomplete, and the trial had not begun. The Court held that the twin conditions in Section 45 could not be applied so rigidly as to sustain indefinite incarceration, and that Section 436A operates as a safeguard against excessive detention. Bail was therefore granted despite the statutory rigours, because continued custody had effectively become punishment without adjudication and the trial was unlikely to conclude within the remaining sentence period.</description>
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