2023 (12) TMI 956

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....Interim relief in terms of prayer clause (c). 4) Mr. Chavan, learned senior counsel for the Petitioner submitted that, the Petitioner is arrested on 23rd April, 2018 in the present crime and since then is in custody for last about 5 years and 8 months. He submitted that, the Petitioner has been charged with the offence of money laundering as defined under Section 3 which is punishable under Section 4 of the Prevention of Money-Laundering Act, (for short, "the P.M.L.A.") for which maximum punishment prescribed is 7 years. He submitted that, the trial Court has not yet framed charge. That, the likelihood of completion of trial of the Petitioner in near future is remote and therefore he may be released on bail, pending Petition. 5) Perusal o....

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....ed by the co-ordinate Bench dated 6th June, 2019 and 25th June, 2019 have not been disturbed by the Hon'ble Supreme Court and the Petitioner continues to be in custody/house arrest of the Respondent No. 1. 6) Mr. Venegavkar, learned counsel for the Respondent No. 1-ED submitted that, the period of house arrest cannot be taken into consideration for computing the total period of custody of the Petitioner and it needs to be excluded. We are not in agreement with the learned counsel, as according to us house arrest is ultimately arrest of person, whereby his liberty to be a free person is ultimately curtailed by operation of law. 7) It is by now well settled and recognized principle of law that, prolonged custody amounts to infringement or v....