K. RAMAKRISHNA Vs. ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) This successive bail petition is the third petition before this Court and this Court heard and dismissed the earlier petition and the same was challenged before the Apex Court and the Apex Court also dismissed the same and the petitioner again approached this Court and the same was rejected. Thereafter, the petitioner approached the Trial Court once again seeking the relief on different grounds invoking Sec. 479(1) of BNSS, 2023 and also on the ground that there is a delay in trial and trial has not yet commenced and he has been in custody from two years seven months.

(2.) It is contended by the learned counsel for the petitioner that maximum punishment is upto seven years and minimum sentence is three years under Sec. 5 of the Prevention of Money Laundering Act ('PML Act' for short) and he was arrested on 14/2/2022 and the very observation of the Trial Court is that another case is filed and it is not a case of multiple case. The reasons of the Trial Court are not correct. The learned counsel contend that the judgment of the Apex Court is very clear that BNSS is applicable.

(3.) The learned counsel in support of his arguments relies upon the order passed by the Apex Court in Writ petition (Civil) No.406/2013, in Re-inhuman conditions in 1382 prisons and referring paragraph Nos.3 and 4 would contend that the provisions under the BNSS shall apply to all undertrials in pending cases irrespective of whether the case was registered against them before 1/7/2024 and also contend that it is deemed appropriate to direct immediate implementation of Sec. 479 of the BNSS by calling upon the Superintendents of Jails across the country wherever accused persons are detained as undertrials, to process their applications to the concerned Courts upon their completion of one-half/one-third, as the case may be, of the period mentioned in sub-sec. (1) of the said provision, for their release on bail. The learned counsel also relied upon paragraph Nos.6, 7 and 14 of the same petition with regard to directions given for implementation.