TaxTMI 
TaxTMI 
2024 (2) TMI 730
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....Criminal) No.4682 of 2023. The petitioner withdrew the special leave to file a fresh application for bail after six months. Accordingly, the Special Leave application was dismissed as withdrawn, with liberty to move for interim bail on medical grounds. 2. Thereafter the petitioner moved before the learned Trial Court for bail which has been rejected and subsequent thereto, the present bail application has been preferred before this Court. 3. Petitioner, has renewed his prayer before this Court for grant of regular bail in connection with ECIR Case No.04 of 2022 registered under Section 3 of the Prevention of Money Laundering Act, 2002 (in short as PMLA) punishable under Section 4 of PMLA, pending in the Court of learned Special Judge,....
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....ould be simultaneous trial of both predicate offence as well as for money laundering. The trial of scheduled offence should simultaneously be concluded, otherwise it may lead to anomalous result on acquittal of an accused for the scheduled offence. 7. Petitioner is in custody since 20.07.2022 and the maximum sentence for the offence under Section 3 read with Section 4 of the PML Act is of six years. Reliance in this regard is placed on the judgment rendered by the Supreme Court in the case of Manish Sisodia vs. CBI vide Special Leave Petition (Crl.) No.8167 of 2023, wherein it has been held that detention at the stage of trial cannot be equated as punishment to deny bail. Further, it was held that prosecution in these cases cannot be equ....
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.... dismissing the special leave application of the Petitioner, which was preferred against the order of rejection of bail by this Court, there was no direction to conclude the trial within six months. It was the counsel for the petitioner before the Hon'ble Supreme Court who had submitted that bail application will be renewed after six months and on that condition the said SLP (Criminal) was dismissed as withdrawn. 12. Further, with regard to reliance placed on in the case of Manish Sisodia (supra), it is submitted that it is only an observation and not a ratio as laid down by the Apex Court. 13. With regard to the plea that trial in money laundering case cannot be concluded until the trial for scheduled offence is concluded, it is subm....
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....ntre at Delhi. With regard to any delay in concluding the trial it will relevant to refer to the observation of Hon'ble Supreme Court made in Tarun Kumar Vs Assistant Director, Directorate 2023 SCC OnLine SC 1486 21. The apprehension of the learned counsel for the appellant that the trial is likely to take long time and the appellant would be incarcerated for indefinite period, is also not well founded in view of the observations made by this Court in case of Vijay Madanlal (supra). On the application of Section 436A of the Criminal Procedure Code, 1973, it has been categorically held therein that:- "419. Section 436A of the 1973 Code, is a wholesome beneficial provision, which is for effectuating the right of speedy trial....