Neeraj Saluja Vs Directorate of Enforcement (Punjab and Haryana High Court)
Punjab and Haryana High Court held that bail petition is the money laundering matter allowed due to long period of incarceration running for more than 01 year and trial having not been commenced before the trial Court.
Facts- The petitioner has filed the instant petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant a regular bail in ECIR/JLZO/36/2020 under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002, registered by Enforcement Directorate, Jalandhar.
Conclusion- Held that, the petitioner was arrested in the present case on 18.01.2024 and continues to be in custody for the last more than 01 year. Even though, it has been stated that the complaint has been filed under the provisions of the PML Act, however, the further proceedings have been stayed and there is no likelihood of trial being completed within a reasonable time period. Apart from that, the Hon’ble Supreme Court has held in number of judgments that right to speedy trial and right to liberty are sacrosanct rights and this Court being a constitutional Court has to give due weightage to this factor. Thus, on account of a long period of incarceration running for more than 01 year and trial having not been commenced before the trial Court, the petitioner has apparently been denied of his right to speedy trial. Apart from that, to prevent the escape of the petitioner from the country and to make him available before the trial Court during trial, stringent conditions can be imposed to address the concern raised by the learned State counsel. Thus, the present petition is allowed and the petitioner is ordered to be released on bail till the disposal of the matter before the concerned Special Court.
