AJAY AJIT PETER KERKAR Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) Leave granted. Heard the learned senior counsel appearing for the appellant and the learned counsel Additional Solicitor General appearing for respondent No.1.

(2.) The appellant has been arrested in connection with an offence punishable under Sec. 4 of the Prevention of Money Laundering Act, 2002 (for short "the PMLA"). Paragraph 416 of a decision of this Court in the case Vijay Madanlal Choudhary & Ors. Vs. Union of India & Ors., 2022 SCC OnLine SC 929 reads thus:

(3.) In the facts of this case, the appellant will complete 3 1/2 years of incarceration on 26/5/2024. Thus, he will complete half of the prescribed sentence. In this case, obviously the trial has not started, as the charge has not been framed. This Court has held that Sec. 436A of the Code of Criminal Procedure, 1973 (for short "CRPC") will apply even to a case under the PMLA. But the Court can still deny the relief owing to the ground such as where the trial was delayed at the instance of the accused. As stated earlier, here there is no occasion for the appellant to cause the delay in trial, as even charge has not been framed. Moreover, there is no other circumstance brought on record which will compel us to deny the benefit of Sec. 436A of the CRPC to the appellant.