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 and the absence of factors such as deliberate delay by the accused or a real likelihood of misuse of liberty.
Held: Assessee sought regular bail in proceedings involving serious economic offences under a special statute, contending that despite prolonged incarceration, the trial had neither commenced nor was likely to conclude within a reasonable time owing to the voluminous documentary evidence, numerous witnesses, and the complexity of the prosecution. The prosecution opposed bail by relying upon the gravity of the alleged offences and the stringent statutory conditions governing bail under the special enactment. Assessee contended that continued incarceration without a realistic prospect of an early trial violated the fundamental right to personal liberty and speedy trial guaranteed under Article 21 of the Constitution. It was argued that constitutional courts possess the power to grant bail notwithstanding statutory restrictions where prolonged detention becomes oppressive and unjustified. Reliance was placed on recent Supreme Court decisions holding that the rigours of special statutes cannot be permitted to defeat constitutional guarantees. The prosecution contended that economic offences constituted grave crimes affecting public interest and that the stringent statutory conditions for bail must be strictly enforced. It was submitted that the seriousness of the allegations justified continued detention. Allowing the bail application, the Court held that the constitutional guarantee of personal liberty and speedy trial under Article 21 could not be eclipsed by statutory restrictions where the trial was unlikely to conclude within a reasonable time. Constitutional courts were empowered to grant bail notwithstanding the rigours of special statutes when prolonged incarceration becomes disproportionate and the delay was not attributable to the accused. The Court observed that while the gravity of the offence remained a relevant consideration, all economic offences could not be treated alike and continued detention could not be justified solely on the seriousness of the allegations. Where the prosecution relied predominantly upon voluminous documentary evidence and the trial was not likely to commence or conclude expeditiously, continued custody would amount to an infringement of fundamental rights. However, such extraordinary relief was not automatic and may be declined where the accused was responsible for the delay or poses a genuine threat to society or the administration of justice.
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