PMLA anticipatory bail is barred unless both statutory conditions under Section 45 are satisfied.

Section 45 of the Prevention of Money Laundering Act, 2002 imposes a statutory restriction on anticipatory bail for offences covered by Part A of the Schedule. The Court must be satisfied, on the material before it, that there are reasonable grounds to believe the applicant is not guilty and that the applicant is not likely to commit any offence while on bail. Where satisfaction on the first condition is absent, the second condition becomes immaterial for grant of pre-arrest protection. Prior bail in other matters and allegations of mala fides do not override this statutory mandate.

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Issues: Whether anticipatory bail could be granted in a prosecution under the Prevention of Money Laundering Act, 2002 when the Court was unable to record satisfaction that there were reasonable grounds for believing that the applicant was not guilty of the offence and that he was not likely to commit any offence while on bail.

Analysis: Section 45 of the Prevention of Money Laundering Act, 2002 imposes a statutory restriction on release on bail in offences punishable with imprisonment of more than three years under Part A of the Schedule. The Court was required to be satisfied, after considering the material on record and the material made available by the investigating agency, that both statutory requirements were met. It held that the first requirement, namely reasonable grounds for believing that the applicant was not guilty of the offence, was not satisfied on the record before it. Since both conditions must coexist, the absence of satisfaction on the first condition rendered the second condition immaterial for the purpose of grant of anticipatory bail. The Court also noted that prior bail in other matters and allegations of mala fides could not displace the statutory mandate under Section 45.

Conclusion: Anticipatory bail was not grantable and the application was rejected.

Final Conclusion: The statutory bar under Section 45 governed the request for pre-arrest protection, and in the absence of the required judicial satisfaction, relief could not be granted.

Ratio Decidendi: Where Section 45 of the Prevention of Money Laundering Act, 2002 applies, anticipatory bail cannot be granted unless the Court is satisfied on both statutory conditions, including reasonable grounds to believe that the accused is not guilty of the offence.

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