A Delhi court has granted bail to alleged conman Sukesh Chandrasekhar in a money laundering case investigated by the Enforcement Directorate (ED), holding that his continued incarceration beyond half of the maximum prescribed sentence violates his right to liberty.
Special Judge Vishal Gogne allowed the plea under Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), noting that Chandrasekhar has spent over four years in custody, exceeding half of the seven-year maximum punishment under Section 4 of the Prevention of Money Laundering Act (PMLA).
The Court clarified that while PMLA offences are serious, the statutory safeguard under Section 479 akin to Section 436A of the CrPC aims to prevent indefinite pre-trial detention and must be interpreted in light of Article 21 of the Constitution.
Rejecting ED’s opposition, the Court held that the provision carries a largely mandatory character and cannot be diluted by arguments on the gravity of offence alone. It further ruled that the pendency of multiple cases against the accused does not automatically disentitle him from bail, cautioning that such an interpretation would allow indefinite incarceration by merely registering additional FIRs.
The Court also took note of the prolonged delay in trial, observing that proceedings in both the predicate offence and the PMLA case have remained stayed for years, with no immediate likelihood of resumption. In such circumstances, continued detention would amount to a violation of the right to speedy trial.
Accordingly, the Court granted bail subject to conditions, including furnishing bonds of ₹5 lakh, surrendering passport, and refraining from contacting witnesses.
