A. Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Bail – Principles – Court observed, over a period of time, the trial courts and the High Courts have forgotten a very well-settled principle of law that bail is not to be withheld as a punishment -- On account of non-grant of bail even in straight forward open and shut cases, Supreme Court is flooded with huge number of bail petitions thereby adding to the huge pendency -- Trial courts and the High Courts attempt to play safe in matters of grant of bail -- Trial courts and the High Courts should recognize the principle that “bail is rule and jail is exception”.

(Para 53)

B. Prevention of Money-Laundering Act, 2002 (15 of 2003), Section 3, 45 – Prevention of Corruption Act, 1988 (49 of 1988), Section 7, 7A, 8, 12 -- Indian Penal Code, 1860 (45 of 1860), Section 420, 201, 120B -- Constitution of India, Article 21 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Corruption case -- Regular bail – Bar contained in Section 45 of PMLA – Prolonged incarnation – Speedy trial – Right of -- Long incarceration running for around 17 months, trial even not having been commenced, the appellant has been deprived of his right to speedy trial – Right to speedy trial and the right to liberty are sacrosanct rights – 493 witnesses have been named, the case involves thousands of pages of documents and over a lakh pages of digitized documents -- Not even the remotest possibility of the trial being concluded in the near future – Keeping the appellant behind the bars for an unlimited period of time would deprive his fundamental right to liberty under Article 21 of the Constitution – Bail allowed, stringent conditions imposed.

(Para 49-58)