Mumbai: The Bombay High Court has granted bail to a 72-year-old cancer patient, who is accused in an alleged money laundering case, observing that stringent conditions under the Prevention of Money Laundering Act (PMLA) can not override the fundamental right to liberty under Article 21 of the Constitution of India.

The court noted that the trial in the case is not likely to conclude any time soon and that the applicant was suffering from cancer.

The HC was hearing a bail plea filed by Suryaji Jadhav who was arrested in March 2021 by the Directorate of Enforcement (ED) in connection with an alleged money laundering case related to siphoning of funds from Pune-based Shivajirao Bhosale Sahakari Bank in March 2021. He and others were accused of misappropriating funds and fraudulent disbursal of loans.

“Despite the restrictive statutory provisions like section 45 of the PMLA, the right of an accused under Article 21 of the Indian Constitution cannot be allowed to be infringed,” Justice Madhav Jamdar said on September 19. Restrictions imposed by laws such as the PMLA "melt down" where an accused has suffered long incarceration and the trial is inordinately delayed, the judge added.

Under section 45 of the PMLA, while granting bail to an accused in a money laundering case, a court must be satisfied that there are reasonable grounds to believe that he is not guilty, and/or is above 60 years of age, or a woman or is sick or infirm. Jadhav sought bail on the grounds of long incarceration and delayed trial.

The HC said that the prosecution had proposed to examine more than 250 witnesses and the trial was yet to start. Moreover, Jadhav has completed more than half of the maximum sentence that can be imposed on Jadhav, if found guilty, the court added.

“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 court underlined.

The court also took note of the fact that the ED has already attached several properties of the accused and sold them as part of recovery proceedings. So far, Rs 60 crore have been recovered.

“It is also required to be noted that the applicant (Jadhav) is 72 years old and is suffering from cancer. Hence, he does not appear to be at risk of flight,” the HC said while directing release of Jadhav on a personal bond of Rs5 lakh.