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1 - 10 of 31 (3.01 seconds)Article 21 in Constitution of India [Constitution]
Manish Sisodia vs Directorate Of Enforcement on 3 July, 2023
As far as the respondents contention with respect to Section 436A
CrPC is concerned, the same is misplaced as Section 436A does not stipulate
denial of bail till the accused has undergone a specified period of detention.
Rather, aforesaid Section subject to provisos stipulate that on undergoing
one half of the of the maximum period of imprisonment of the offence, the
accused can be released on bail Same is the position of law as elucidated by
the Supreme Court in the Manish Sisodia (Supra) Case, which held as
follows:-
The Narcotic Drugs And Psychotropic Substances Act, 1985
Section 45 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 439 in The Code of Criminal Procedure, 1973 [Entire Act]
Union Of India vs K.A. Najeeb on 1 February, 2021
(Emphasis added)
On similar lines is the case of Union of India v. K.A. Najeeb (Supra),
wherein the Supreme Court held as under:-
The Prevention of Money-Laundering Act, 2002
Abhishek Boinpally vs Directorate Of Enforcement on 3 July, 2023
20. In the present case, both the applicants were arrested on 30.06.2022.
They have been in custody since more than 24 months. Moreover, the trial is
Signature Not Verified
Digitally Signed BAIL APPLN. 3301/2024 and BAIL APPLN. 3406/2024 Page 14 of 18
By:GAUTAM ASWAL
Signing Date:29.10.2024
13:42:25
yet to commence and is likely take some time to conclude. It is also
pertinent to note that the main accused Satyendra Jain has already been
granted bail by the Sessions Judge vide order dated 18.10.2024. Parity as a
ground is applicable even in PMLA cases, as held in Abhishek Boinpally
(Supra).
Prem Prakash vs Union Of India And Ors on 22 August, 1984
14. Prem Prakash v. Union of India through the Directorate of
Enforcement,6 is another recent decision where it has been reiterated that the
6
Prem Prakash v. Union of India through the Directorate of Enforcement, reported as 2024 SCC OnLine
SC 2270
Signature Not Verified
Digitally Signed BAIL APPLN. 3301/2024 and BAIL APPLN. 3406/2024 Page 8 of 18
By:GAUTAM ASWAL
Signing Date:29.10.2024
13:42:25
fundamental right enshrined under Article 21 cannot be arbitrarily
subjugated to the statutory bar in Section 45 of the Act and the constitutional
mandate being the higher law, the right to speedy trial must be ensured and
if the trial is being delayed for reasons not attributable to the accused, his
incarceration should not be prolonged on that account. The relevant extract
of the said judgement is enacted below for convenience:-