2020 (4) TMI 699

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through Video Conference. The instant application for bail has been moved by the petitioner/accused under the provision of the Prevention of Money Laundering Act, 2002. The substance of the charge against the petitioner is that....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of Section 436A, a statutory right has accrued to him for being released on bail. Mr. Ahmed submits that there are about 40 witnesses cited in the charge-sheet on behalf of the prosecution and that there are voluminous documents to be proved. Hence the trial may take a long time to complete. The second point urged by Mr. Ahmed in support of the petitioner's claim for grant of bail is that hi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... that Section 436A in its application cannot be read de hors its provisos. The object and purpose of the section is to ensure that the person is not detained pending trial for a period that may exceed half of the total punishment prescribed under the Section under which he is charged. Upon exceeding such period, the petitioner is in fact entitled to be granted bail. However, if one reads the 1s....