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1 - 10 of 15 (0.22 seconds)Article 21 in Constitution of India [Constitution]
Manish Sisodia vs Central Bureau Of Investigation on 30 October, 2023
2023 SCC OnLine SC 1393] wherein it was held
as under : (Manish Sisodia case [Manish Sisodia
v. CBI, (2024) 12 SCC 691 : 2023 SCC OnLine
SC 1393] , SCC paras 34-35)
"34. Detention or jail before being
pronounced guilty of an offence should not
become punishment without trial. If the trial gets
protracted despite assurances of the prosecution,
and it is clear that case will not be decided
within a foreseeable time, the prayer for bail may
be meritorious. While the prosecution may
pertain to an economic offence, yet it may not be
proper to equate these cases with those
punishable with death, imprisonment for life, ten
years or more like offences under the Narcotic
Patna High Court CR. MISC. No.34015 of 2024(15) dt.29-11-2024
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Drugs and Psychotropic Substances Act, 1985,
murder, cases of rape, dacoity, kidnaping for
ransom, mass violence, etc. Neither is this a case
where 100/1000s of depositors have been
defrauded. The allegations have to be established
and proven.
Section 3 in The Prevention of Money-Laundering Act, 2002 [Entire Act]
The Prevention of Money-Laundering Act, 2002
The Narcotic Drugs And Psychotropic Substances Act, 1985
Pankaj Kr. Mishra vs Union Of India on 31 July, 2018
He
further submits that the latest decision of Hon'ble Supreme
Court rendered in the case of V. Senthil Balaji Vs. Deputy
Director, Directorate of Enforcement reported in 2024 SCC
Online SC 2626 (Criminal Appeal No. 4011 of 2024) was
subsequently followed in the case of Pankaj Mishra Vs. the
Union of India in B.A. No. 8271 of 2024 whereby the Hon'ble
Jharkhand High Court has held that the trial for the offence of
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money laundering cannot be concluded unless the trial for
scheduled offence is concluded. In support of his argument,
learned counsel has relied on one another judgement of Hon'ble
the Supreme Court rendered in Special Leave to Appeal (Crl.)
Common Cause (A Regd. Society) vs Union Of India on 9 March, 2018
5. After hearing the parties, the main contention of
the counsel for the petitioners is that the basis and genesis of
these ECIR proceedings/complaint cases are begin by virtue of
the collection of loose sheets. Therefore, these cases are not
maintainable and cannot be looked into by this Court at this
stage due to this reason alone. This Court is not sitting in the
inherent jurisdiction and is cautious that only this aspect has to
be looked into that whether bail can be granted or not ?
Therefore, this question that initiation of the case by the
Patna High Court CR. MISC. No.34015 of 2024(15) dt.29-11-2024
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Enforcement Directorate on the basis of loose sheets
particularly in the light of the judgement on which the
petitioner relied on i.e. Common Cause (A Registered Society)
Vs. the Union of India and Ors. reported in AIR 2017 SC 540
shall not be taken ito consideration at this level particularly at
the time of consideration of bail and therefore, this Court has
left this question open for the parties to challenge before the
appropriate stage before the appropriate forum.
Y.S.Jagan Mohan Reddy vs C.B.I on 9 May, 2013
No.34015 of 2024(15) dt.29-11-2024
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Jagan Mohan Reddy Vs. Central Bureau of Investigation
reported in (2013) 7 SCC 439 in which it has held that the
economic offences having deep-rooted conspiracies and
involving huge loss of public funds need to be viewed seriously
and considered as grave offences affecting the economy of the
country as a whole and thereby posing serious threat to the
financial health of the country.
Prem Prakash vs Union Of India And Ors on 22 August, 1984
9. Here, in the present case, the question of liberty
recognized by the constitution under Article 21 and the
question of curtailment of liberty by virtue of Section 45 of the
PMLA is directly involved which has been well discussed and
answered in the case of Prem Prakash (supra) and those
observations have been followed by the different judgements
by the various High Courts as well as the Hon'ble Supreme
Court. Here in the present case, the complaint case arising out
of ECIR /PTZO/14/2023 has already been concluded, after the
investigation against all the petitioners on the basis of which
Special Court has already taken cognizance on 10.11.2023 and
08.05.2024 and only trial has to be concluded about which the
learned Sr. Counsel for the Union of India has specifically
submitted that the trial shall be commenced and shall be
concluded within 6-12 months but on the other hand, there are
20 different FIRs /cases said to be the predicate /scheduled
offence. Out of 20 cases, in 13 cases investigation is still
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pending whereas in the rest seven cases in which cognizance
has been taken, the trial has not been commenced in six cases.
As such, this Court is of the firm view that there is no
possibility of conclusion of the trial of predicate offence within
a few years.