Restrictions under PMLA on bail cannot come in the way of fundamental right to liberty, Bombay HC rules
PMLA: The judge said that the restrictions imposed under laws like PMLA become "ineffective" where the accused has to undergo prolonged confinement and the trial is inordinately delayed.
While granting bail to an elderly 72-year-old man, the Bombay High Court held that rigid conditions under the Prevention of Money Laundering Act cannot take away the fundamental right to liberty under Article 21.
Justice Madhav Jamdar in his order dated September 19 passed said that the trial in the alleged bank fraud case, for which an applicant Suryaji Jadhav was arrested is unlikely to get over soon and he is suffering from cancer. A copy of the judgment was made available on Saturday.
The judge said such restrictions under laws like the PMLA become "ineffective" where the accused has to undergo prolonged confinement and trial gets inordinately delayed.
Justice Jamdar said, "Notwithstanding restrictive statutory provisions like Section 45 of PMLA, the rights of the accused under Article 21 of the Indian Constitution cannot be violated.
The purpose behind enacting Section 45 of PMLA is evident from the fact that while granting bail to an accused in a money-laundering case, a court must be satisfied that reasonable grounds exist to believe that he or she is not guilty and/or is above 60 years of age or is a woman or is ill or infirm. Article 21 protects the fundamental right to life and personal liberty.
Jadhav was arrested by ED in March 2021 in connection with the alleged fraud at Pune-based Shivajirao Bhosale Sahakari Bank. He and others were accused of money laundering and fraudulent disbursement of loans. Jadhav had sought bail on grounds of long imprisonment and delayed trial.
The court said the prosecution proposed to examine over 250 witnesses and the trial was yet to begin. The high court said Jadhav has served more than half of the maximum sentence in the case.
"In such a situation, the statutory restrictions will not come in the way of the court in granting bail to protect the fundamental right of the accused under Article 21," the court said.
It further said, "Courts are expected to appreciate the legislative policy against grant of bail under the PMLA but, the rigours of such provisions will cease to exist when there is no possibility of completion of the trial within a reasonable time and the period already spent in jail exceeds a major portion of the prescribed sentence."
The court further said that the Enforcement Directorate has already attached several properties of the accused and sold them under recovery proceedings and recovered Rs 60 crores so far. The judge granted bail to Jadhav on a bond of Rs 5 lakhs saying, "The applicant is 72 years old and is suffering from cancer. Therefore, there is no danger of him fleeing."
