Case Law Details
Mohammed Farooq Mohamemed Vs Deputy Director & Anr. (Bombay High Court)
In a recent judgment, the Bombay High Court addressed the crucial question of whether the period of house arrest should be factored into the calculation of the total custody duration for a Prevention of Money-Laundering Act (PMLA) accused. The court’s decision has significant implications for the accused, Mohammed Farooq Mohamemed, and sheds light on the interpretation of Article 21 of the Indian Constitution.
Detailed Analysis
1. Arrest and Subsequent Legal Proceedings
Mohammed Farooq Mohamemed was arrested on April 23, 2018, under the PMLA. Despite facing charges, the trial court had not framed any charges as of the recent court proceedings. The petitioner argued for bail, citing a prolonged period of custody without trial, which amounted to over five years and eight months.
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