In a significant ruling, the Delhi High Court has granted bail to Gurupada Maji, an accused in the West Bengal coal mining money laundering scandal. The decision came after acknowledging that Maji has been incarcerated for nearly 28 months without the commencement of his trial.
Justice Jyoti Singh presided over the case and emphasized that the delay in trial proceedings and long incarceration justified the bail under the principles of Article 21 of the Constitution, which ensures the protection of life and personal liberty. The judge explicitly stated that this decision does not reflect an opinion on the merits of the case, which are complex and require further evidence, thereby leaving them to the trial court’s future consideration.
The case against Maji, arrested by the Enforcement Directorate (ED) on May 27, 2022, is tied to a broader investigation into alleged illicit coal mining operations involving Eastern Coalfields Limited mines in West Bengal. The ED asserts that Maji was a partner of the prime accused, Anup Majee, and accused him of receiving over Rs 66 crore from the proceeds of the illegal coal mining business.
Justice Singh’s verdict draws upon the Supreme Court’s recent directive in the case of AAP leader Manish Sisodia, which interpreted the right to bail in instances of delayed trials as integral to Section 439 of the Criminal Procedure Code (CrPC) and Section 45 of the Prevention of Money Laundering Act (PMLA). Despite the stringent conditions for bail under the PMLA, the court found that the circumstances of Maji’s prolonged detention and the slow pace of trial preparations made a compelling case for his release.
The court imposed several conditions upon granting bail, including a personal bond of Rs 5 lakh and two like sureties. Maji is also restricted from leaving the country without prior permission from the trial court and must surrender his passport. Additional stipulations include a prohibition against criminal activity and direct or indirect contact with case witnesses.
The High Court also noted that the investigation regarding Maji has been completed and the evidence, primarily documentary, has already been secured by the investigating agencies, thus mitigating the risk of evidence tampering. The trial court had previously denied bail in September 2022, not finding reasonable grounds to believe Maji was not guilty of the alleged offenses.
