Duration Of House Arrest Can Be Considered For Computing Total Period Of Custody: Bombay HC Grants Bail To PMLA Accused

The court was considering a bail petition filed by an accused who had been in custody for over five years and eight months, facing charges of money laundering under the Prevention of Money-Laundering Act (PMLA).

A Division Bench of Justice A.S. Gadkari and Justice Shyam C. Chandak held, “Mr. Venegavkar, learned counsel for the Respondent No.1-ED submitted that, the period of house arrest cannot be taken into consideration for computing the total period of custody of the Petitioner and it needs to be excluded. We are not in agreement with the learned counsel, as according to us house arrest is ultimately arrest of person, whereby his liberty to be a free person is ultimately curtailed by operation of law.”

Advocate Rajiv Chavan appeared for the Petitioner, Advocate Hiten Venegavkar appeared for Respondent 1 and Advocate Mahalakshmi Ganpathy appeared for Respondent 2.

The petitioner's counsel argues for bail, emphasizing the delay in framing charges and the remote likelihood of a timely trial.

The Court referred to past orders related to the petitioner's bail application, including a period of house arrest. The respondent opposed considering the house arrest period as part of the custody. The Court disagreed, asserting that house arrest constitutes a form of arrest.

The Court cited a legal principle that prolonged custody infringes upon the accused's constitutional rights, specifically Article 21 of the Indian Constitution. The Court added, “It is by now well settled and recognized principle of law that, prolonged custody amounts to infringement or violation of Article 21 of the Constitution of India of an accused. There is no debate that, incarceration in custody for long period without trial or completion of trial affects personal liberty guaranteed under Article 21 of the Constitution of India of an accused.”

It referred to a Supreme Court case of Union Of India V/s. K.A. Najeeb reported in (2021) 3 SCC 713 establishing the ability of constitutional courts to grant bail based on constitutional rights, even in the presence of statutory restrictions.

The Court, considering the lengthy custody and potential delay in trial, granted bail to the petitioner.

Cause Title: Mohammed Farooq Mohamemed Hanif Shaikh v. The Deputy Director & Anr.

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