Case Note & Summary
The applicant, Suryaji Pandurang Jadhav, filed a regular bail application under Section 439 of the Code of Criminal Procedure, 1973 read with Section 45 of the Prevention of Money Laundering Act, 2002 in connection with ECIR/MB/ZO-II/03/2020 registered by the Directorate of Enforcement. The scheduled offence was FIR No. 0026/2020 registered at Shivajinagar Police Station, Pune for offences under Sections 420, 406, 408, 409, 465, 468, 471 read with 34 of the Indian Penal Code, 1860, relating to alleged siphoning of Rs. 71.78 Crore from Shivajirao Bhosale Sahakari Bank Ltd. The applicant was arrested in the scheduled offence on 24.02.2020 and in the ECIR on 05.03.2021. He had been granted bail in the scheduled offence on 02.03.2023. The applicant submitted that he had undergone 3 years and 6 months in the PMLA case, which is half of the maximum punishment of 7 years, and was in custody for over 4 years and 7 months. He also cited his age of 72 years and stage 4 colon cancer. The ED opposed the bail, arguing the seriousness of the offence. The court, considering the long incarceration, the right to speedy trial under Article 21, and the medical condition, allowed the bail application.
Headnote
A) Criminal Law - Bail under PMLA - Section 45 PMLA - Twin Conditions - Long Incarceration - The applicant sought bail after completing half of the maximum punishment of 7 years, having been in custody for over 4 years and 7 months. The court considered the right to speedy trial under Article 21 and Section 436A CrPC. Held that the applicant is entitled to bail on the ground of long incarceration and medical condition (Paras 2-5).
Issue of Consideration
Whether the applicant is entitled to bail under Section 439 CrPC read with Section 45 PMLA on the ground of long incarceration and medical condition.
Final Decision
The court allowed the bail application and directed the release of the applicant on bail on such terms and conditions as the court may deem fit.
Law Points
- Bail under PMLA
- Section 45 PMLA
- twin conditions
- long incarceration
- right to speedy trial
- Article 21
- Section 436A CrPC
- medical grounds
Case Details
2024 LawText (BOM) (9) 192
BAIL APPLICATION NO. 2023 OF 2023
Mr. Aabad Ponda, Senior Advocate a/w. Mr. Prashant Patil, Mr. Swapnil Ambure, Ms. Nida Khan & Ms. Poorva Joshi, for the Applicant; Mr. Shriram Shirsat a/w. Ms. Karishma Singh, APP, for Respondent No. 1 – ED; Ms. Veera Shinde, APP, for Respondent No. 2 – State
The Directorate of Enforcement, Worli & anr.
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Nature of Litigation
Bail application under Section 439 CrPC read with Section 45 PMLA in a money laundering case.
Remedy Sought
The applicant sought regular bail in ECIR/MB/ZO-II/03/2020 registered by the Directorate of Enforcement.
Filing Reason
The applicant was arrested in connection with a scheduled offence involving siphoning of Rs. 71.78 Crore from a cooperative bank and subsequent money laundering charges.
Previous Decisions
The applicant was granted bail in the scheduled offence by a learned Single Judge on 02.03.2023 in B. A. No. 2006 of 2021.
Issues
Whether the applicant is entitled to bail on the ground of long incarceration (over 4 years 7 months) and having completed half of the maximum punishment of 7 years.
Whether the right to speedy trial under Article 21 and Section 436A CrPC entitles the applicant to bail.
Whether the applicant's medical condition (stage 4 colon cancer) and age (72 years) are grounds for bail.
Submissions/Arguments
The applicant submitted that he has undergone 3 years 6 months in PMLA case, half of the maximum punishment of 7 years, and is in custody for over 4 years 7 months. He relied on judgments including Javed Gulam Nabi Shaikh, Vijay Madanlal Choudhary, Manish Sisodia, and others. He also cited his age and medical condition.
The ED opposed the bail, arguing the seriousness of the offence and that the twin conditions under Section 45 PMLA are not satisfied.
Ratio Decidendi
The right to speedy trial under Article 21 and Section 436A CrPC, coupled with long incarceration and medical condition, can override the stringent conditions under Section 45 PMLA for grant of bail.
Judgment Excerpts
He submitted that the Applicant is incarcerated for more than 4 years and 7 months. He submits that in PMLA Case, the Applicant has completed 3 years and 6 months on 05.09.2024.
He submitted that the factual position on record clearly shows that the said fundamental right of the Applicant is violated.
He also submitted that the Applicant is 72 years old and suffering from stage 4 of colon cancer.
Procedural History
The applicant was arrested in the scheduled offence on 24.02.2020 and in the ECIR on 05.03.2021. He was granted bail in the scheduled offence on 02.03.2023. The present bail application was filed on an unspecified date and heard on 19.09.2024.
Acts & Sections
- Code of Criminal Procedure, 1973: 439, 436A
- Prevention of Money Laundering Act, 2002: 45, 3, 70, 2(1)(y)
- Indian Penal Code, 1860: 420, 34, 406, 408, 409, 465, 468, 471
- Maharashtra Protection of Interest of Depositors Act: 3, 4, 5
