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Article 21 Overrides PMLA Section 45 After 275-Day Pre-Trial Detention: Karnataka HC
Case Law Details
- Case Name
- G.T. Dinesh Kumar Vs Director of Enforcement Represented by Assistant Director (Karnataka High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Karnataka High Court
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G.T. Dinesh Kumar Vs Director of Enforcement Represented by Assistant Director (Karnataka High Court)
Karnataka HC granted bail to Ex-MLA under PMLA, holding Article 21 prevailed over twin bail conditions after 275 Days of Pre-Trial detention
Conclusion: Constitutional protections under Article 21 prevailed over statutory limitations on bail where prolonged incarceration and delayed trial render continued detention unjust. In such exceptional circumstances, constitutional courts were duty-bound to safeguard personal liberty by granting bail, subject to the facts of each case a...
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