New Delhi:The Delhi High Court has granted bail to a co-accused in the money laundering case arising from alleged irregularities in the Waqf Board here during the chairmanship of AAP MLA Amanatullah Khan.
Justice Manoj Kumar Ohri granted relief to Jawed Imam Siddiqui in the case, noting that he was in custody since November 11, 2023, and the trial was "stuck at the stage of supply of documents".
The judge in the judgement passed on Wednesday observed that since there were multiple accused persons, thousands of pages of evidence and a large number of witnesses to be examined, the trial was not expected to end anytime in the near future and keeping the accused in custody by using Section 45 of the Prevention of Money Laundering Act (PMLA) as a tool for incarceration was not permissible.
Section 45 puts certain restrictions on the grant of bail in the PMLA cases. "Considering the totality of the facts and circumstances, the fact that the main accused is out on bail, the period of custody undergone, the likelihood of supplementary challan being filed qua the main accused and that the trial has been stuck at the stage of supply of documents under Section 207 Cr.P.C., keeping in mind the import of the catena of decisions of Supreme Court discussed hereinabove, it is directed that the applicant be released on regular bail," said the court.
The court asked the accused to furnish a personal bond of Rs 1 lakh with one surety of the like amount, while also imposing other conditions like not leaving Delhi/NCR without prior permission.
In the decision, the court also said an accused in a money laundering case could not be equated with those facing trial for offences like murder and rape, which are punishable with death and imprisonment for life etc., and the sacrosanct right to liberty and fair trial was to be protected even in cases of stringent provisions present in special legislations.