Under current laws an arrested individual is eligible for default bail if the authorities are unable to complete the investigation, or file a final charge sheet, within timelines set by the CrPC, or Code of Criminal Procedure. ED cant hold the accused in jail for a long time.
This time period is either 60 or 90 days, depending on case circumstances. Bail has to be granted if you cant prove charges.
The Supreme Court noted that right to bail due to prolonged jail, under Section 45 of the Prevention of Money Laundering Act, or PMLA, could be granted if there is prima facie belief the accused did not commit the offence, and that he is not likely to transgress any laws while out on bail.
This, the court held, flowed from Article 21 of the Constitution, which talks about right to personal liberty.
The court referred to the incarceration of a senior AAP leader and former Delhi Deputy Chief Minister of Delhi in February 2023.
