Prolonged incarceration cannot become pre-trial detention: court grants bail to builder

Tekchandani sought bail stating that the construction work has reached 75 per cent and if his intention was to cheat buyers, construction would not have been continued. He submitted that 12 towers were constructed and but due to civil litigation between his company and landowner, work was stuck. The ED opposed the plea stating that buyers had paid Rs 423 crore and possession of flats was promised in 2014 but till date it is not given.

The court said that in the offences registered by the Mumbai Police, Navi Mumbai police and the ED, there are 596 witnesses in all and the chargesheets run into 44,000 pages. The court said that the probe in the ED case is also not completed yet.

“Till date, investigation in PMLA has not been completed, even if charge is framed in all the three matters, asking the prosecution to start with their evidence. As there are 596 witnesses, there is no possibility that the trial will start and conclude in near future or in reasonable time. Already since last 14 months, applicant/accused is in judicial custody. All the documents about the crime are already in the custody of the investigating agency,” special judge A C Daga said. The court said that prolonged incarceration amounts to infringement of fundamental rights.