Right To Bail After Undergoing Detention For One Half Of Minimum Period Of Imprisonment Not An Absolute Right: Bombay HC
The Bombay High Court observed that the right to be enlarged on bail after undergoing detention for a period exceeding one half of the minimum period of imprisonment is not an absolute right.
The applicant prayed for release on bail arguing that he had spent 2 years and 340 days in custody as an undertrial, while the maximum sentence under the Prevention of Money Laundering Act, 2002 (PMLA) was 3 years. The charge has not been framed, and the prospects of the trial to commence soon were bleak.
A Single Bench of Justice Prithviraj K. Chavan observed “It is to be noted that even the right to be enlarged on bail after undergoing detention for a period exceeding one half of the minimum period of imprisonment is not an absolute right. The Court may still deny the relief on the grounds such as delay of the trial at the instance of the accused himself.”
Advocate D.U. Mirajkar represented the applicant, while Spl. P.P Hiten S. Venegavkar appeared for the respondents.
The applicant was arrested by the Enforcement Directorate after an FIR was filed by the CBI on for bank fraud by Cox & Kind Group of Companies (CKL). CKL was in insolvency since 2019, with a forensic audit revealing financial misconduct.
The Court acknowledged that “No doubt, right of an under trial prisoner to have a speedy trial is one of the facets of Article 21 of the Constitution of India being a fundamental right.”
The Court referred to the Supreme Court’s decision in Vijay Madanlal Choudhary & Ors. Vs. Union of India & Ors. 2022 SCC Online SC 929 and stated that “In view of the dicta of the Supreme Court enunciated hereinabove, there is no question of denying the relief of Section 436A of the Cr.P.C. to the applicant.”
However, The Court held that the right to be enlarged on bail, even after undergoing detention exceeding half of the minimum imprisonment period, is not absolute, and relief may still be denied even if there is a delay in the trial at the instance of the accused.
The High Court held that the applicant was not entitled to be released on bail on the ground of delayed trial.
Cause Title: Ajay Ajit Peter Kerkar v. Directorate of Enforcement & Anr. (2024:BHC-AS:1031)
