Delay in Trial and Right to Bail: Court Denies Release Under Section 436A PMLA Case.
10 January 2024
Bail and Antcipatory Bail >> Criminal Law | Prevention Of Money Laundering Act >> Criminal Law
In Ajay Ajit Peter Kerkar v/s Directorate of Enforcement & Another., the applicant has filed a bail application, citing that he has been in custody for 2 years and 340 days as an undertrial prisoner, and the trial has not yet commenced. The applicant argues that since the maximum sentence under Section 4 of the Prevention of Money Laundering Act (PMLA) is 3 years, and given the significant delay in the trial, he should be granted bail.
The Enforcement Directorate (ED) arrested the applicant on 27.11.2020, following an investigation into a bank fraud case linked to the Cox & Kind Group of Companies (CKL). The applicant had previously filed complaints against financial misconduct involving CKL executives. The ED filed a complaint under the PMLA on 02.12.2020. Despite multiple bail applications, the applicant's request for medical bail was rejected in November 2023.
The court considered the constitutional right to a speedy trial under Article 21 of the Constitution and referenced a Supreme Court judgment on the interpretation of Section 436A of the Code of Criminal Procedure, which grants bail after an undertrial has completed half of the maximum sentence. The court noted that the right to bail is not absolute and may be denied if the delay is caused by the accused. Since the applicant has not yet completed half of the maximum imprisonment period, the court concluded that he is not entitled to bail at this stage due to the delay in trial.
Section 4, PREVENTION OF MONEY LAUNDERING ACT - 2002
PREVENTION OF MONEY LAUNDERING ACT, 2002