Arvind Dham v. Directorate of Enforcement 2026 INSC 12 - PMLA - Bail - Delayed Trial

Constitution of India - Article 21 ; Prevention of Money Laundering Act, 2002 - Section 45 - If the State or any prosecuting agency including, the court, concerned has no wherewithal to provide or protect the fundamental right of an accused, to have a speedy trial as enshrined under Article 21 of the Constitution, then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime - Under the statutes such as PMLA, where maximum sentence is seven years, prolonged incarceration pending trial may warrant grant of bail by Constitutional Courts, if there is no likelihood of the trial concluding within a reasonable time. Statutory restrictions cannot be permitted to result in indefinite pretrial detention in violation of Article 21. Prolonged incarceration cannot be allowed to convert pretrial detention into punishment and that documentary evidence already seized by the prosecution eliminates the possibility of tampering with the same. The right to speedy trial, enshrined under Article 21 of the Constitution, is not eclipsed by the nature of the offence.  (Para 16-18)

Bail - Gravity of Offence - The court while dealing with the prayer for grant of bail has to consider gravity of offence, which has to be ascertained in the facts and circumstances of each case. One of the circumstances to consider the gravity of offences is also the term of sentence i.e., prescribed for the offence, the accused is alleged to have committed . The court has also to take into account the object of the special Act, the gravity of offence and the attending circumstances along with period of sentence. (Para 15)

Bail - Economic Offences- All economic offences cannot be classified into one group as it may involve various activities and may differ from one case to another. Therefore, it is not advisable on the part of the Court to categorize all the offences into one group and deny bail on that basis . (Para 15)