VAIBHAV JAIN Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) By way of present bail applications, the petitioners/applicants seek regular bail in the Complaint Case No. 23 of 2022 arising out of ECIR No. ECIR/HQ/14/2017 dtd. 30/8/2017.

(2.) Since the applicants are similarly situated and the submissions urged in their respective bail applications are also similar, the applications are being decided by way of a common judgement.

(3.) Learned Senior Counsels appearing on behalf of the applicants, at the outset, concede that the applications are not pressed on merits however, at the same time the right to life and liberty of the applicants, who have been in custody since 24 months and 25 months respectively, has been severely hampered on account of the delay in the commencement of trial for reasons which are not attributable to them. It is submitted that while usually the case is that parameters of Sec. 45 of Prevention of Money Laundering Act, 2002 (hereafter, PMLA) must be met, but where the system is not able to demonstrate that the trial would conclude in a reasonable amount of time and the incarceration is long, the same would override the consideration under Sec. 45 of PMLA.