Bombay High Court Upholds Liberty Over Stringent PMLA Conditions

The Bombay High Court granted bail to Suryaji Jadhav, a 72-year-old cancer patient, emphasizing that the stringent conditions of the Prevention of Money Laundering Act can not override the fundamental right to liberty under Article 21. Jadhav had been in long incarceration for alleged bank fraud, with trial delays and numerous witnesses yet to be examined.

The Bombay High Court has affirmed that the stringent conditions under the Prevention of Money Laundering Act (PMLA) cannot supersede the fundamental right to liberty enshrined in Article 21 of the Indian Constitution. This ruling came as the court granted bail to 72-year-old Suryaji Jadhav, who is suffering from cancer and was arrested for alleged bank fraud.

Justice Madhav Jamdar noted in his order that restrictions imposed by laws like the PMLA 'melt down' when an accused has endured long incarceration and the trial is excessively delayed. Despite restrictive statutory provisions like section 45 of the PMLA, the right of an accused under Article 21 cannot be breached, he stated.

Jadhav was apprehended for allegedly misappropriating funds and fraudulent loan disbursals at the Pune-based Shivajirao Bhosale Sahakari Bank. The court observed that Jadhav had already served more than half of the potential maximum sentence, making statutory restrictions on bail irrelevant in protecting his fundamental rights. The Enforcement Directorate had attached and recovered Rs 60 crore from his properties, and considering his age and health, Jadhav was granted bail on a bond of Rs 5 lakh.

(With inputs from agencies.)