Already Undergone Minimum Sentence In Prison Without Trial: PMLA Court Grants Bail To Yes Bank Founder Rana Kapoor
1 year, 3 months ago

Already Undergone Minimum Sentence In Prison Without Trial: PMLA Court Grants Bail To Yes Bank Founder Rana Kapoor

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A Special Court under the Prevention of Money Laundering Act has granted bail to Yes Bank founder Rana Kapoor invoking section 436A of the Criminal Procedure Code – which talks about an under-trial having undergone half of the maximum imprisonment possible. Special PMLA judge M G Deshpande, while granting bail to Kapoor, observed, “Till date the applicant has undergone custody for 3 years 9 months 13 days, which is more than a half of the prescribed maximum sentence and also more than the minimum punishment of 3 years. The court observed that undue incarceration for 3 years 9 months 13 days is “nothing but deemed conviction and sentence for an offence which has not been charged, tried on the basis of evidence and by giving an opportunity of final arguments.” “Therefore, this prolonged undue incarceration generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution, and in such a situation the conditional liberty must override the statutory embargo created under the Statute as held by the Hon'ble Supreme Court in the case of Ravi Prakash Vs. State of Odisha. So, pendency of the applicant's bail applications was/is never the reason for ED in not beginning the trial.” On the issue of further investigation and draft charges being presented to the court, the judge observed that though the ED had filed draft charges against the accused, it is yet to file a purshis indicating competition for further investigations.

History of this topic

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