Right to a speedy trial is a fundamental right of an undertrial prisoner, the special court has said in its detailed order granting bail to Yes Bank founder Rana Kapoor.
Kapoor was granted bail by a special court on Friday in connection with the case registered for alleged discrepancies in the loan sanctioned to Avantha Group and the alleged illegal gratification received by Kapoor through his family members. As per the court's orders, he walked out of the prison in the evening.
The special judge MG Deshpande said: “The right to a speedy trial is a fundamental right of an undertrial prisoner, and no undertrial prisoner should be detained without trial for an indefinite period, leading to undue incarceration.”
The special court referred to the provision of the PMLA, which mandates that the trial of the predicate offence and the money laundering case registered under PMLA should be conducted simultaneously. In this case, the court said the investigation of Enforcement Directorate is still in progress, hence the trial cannot commence till it is continuing.
“The proposed length of the trial, from beginning to conclusion, is uncertain, particularly unless the ED clarifies that their further investigation is complete, simultaneous trials of these two cases cannot commence in accordance with the true spirit and mandate of the provisions of PMLA,” the court said, adding that there is no likelihood of commencing and concluding these trials within three to four years.
“Given the length and uncertainty of the present trial as discussed above, there is no certainty that both trials would progress and conclude simultaneously and at the earliest within a year or two," it said.
