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Supreme Court of India 2024-09-26 allowed

V. Senthil Balaji vs The Deputy Director, Directorate of Enforcement

Bench: 2 — Abhay S. Oka, Augustine George Masih

In Brief

A former Tamil Nadu Transport Minister was arrested under the Prevention of Money Laundering Act (PMLA) in connection with an alleged job-for-money scam, where he supposedly promised employment in exchange for bribes. The case involves three underlying criminal cases with over 2,000 accused and 600 prosecution witnesses. After 15 months in custody, he sought bail, which the High Court rejected citing PMLA's stringent bail provisions. The Supreme Court granted bail, holding that stringent statutory bail restrictions must yield to constitutional protections under Article 21 when trials face unreasonable delay. The Court emphasized that no trial could reasonably conclude within 3-4 years, making indefinite detention a violation of the right to speedy trial, and that stringent conditions could address tampering concerns without continued incarceration.

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Bail Criminal Procedure Money Laundering Article 21 - Right to Life and Liberty Speedy Trial Undertrials PMLA Corruption Preventive Detention

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