In a notable judgement, the Bombay High Court asserted that stringent bail conditions under the Prevention of Money Laundering Act (PMLA) cannot override the fundamental right to liberty guaranteed by Article 21 of the Constitution. This observation came as the court granted bail to Suryaji Jadhav, a 72-year-old man implicated in a bank fraud case, highlighting the prolonged trial and his serious health condition.
Justice Madhav Jamdar, in his order dated September 19, emphasized that laws like the PMLA should not infringe on an accused’s right to liberty when faced with extended incarceration and significant delays in trial proceedings. The judgement pointed out the restrictive nature of section 45 of the PMLA, which necessitates the court to find reasonable grounds to believe that the accused is not guilty or meets certain conditions such as age or health concerns for granting bail.
Suryaji Jadhav was arrested in March 2021 by the Enforcement Directorate (ED) over allegations of fund misappropriation and fraudulent loan disbursal at Pune’s Shivajirao Bhosale Sahakari Bank. The court noted that with over 250 witnesses yet to be examined and no start to the trial, Jadhav had already served more than half the maximum potential sentence, making a strong case for his release.
Further underlining the prolonged legal process, the court stated, “In such a situation, statutory restrictions will not come in the way of the court to grant bail to protect the fundamental right of the accused under Article 21.”
The High Court also recognized the enforcement actions already undertaken by the ED, including the attachment and sale of several properties belonging to the accused, with a recovery amounting to Rs 60 crore.
