Special bail restrictions under the PMLA override general CrPC bail powers and justify refusal of bail.

Under the Prevention of Money Laundering Act, 2002, the special bail restrictions in Section 45 prevail over the general bail power under Section 439 CrPC, and the statutory conditions must be satisfied before bail can be granted in cases covered by Part A of the Schedule. The Court treated the PMLA as having overriding effect through its non obstante and consistency provisions, and noted that the seriousness of economic offences and the investigative material are relevant to the bail assessment. On that basis, the High Court was justified in applying Section 45 and refusing bail, and the refusal was upheld.

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Issues: (i) Whether the High Court was bound to apply the stringent bail conditions under the Prevention of Money Laundering Act, 2002 while considering bail under Section 439 of the Code of Criminal Procedure, 1973.

Analysis: The special law governing money-laundering prevails over the general bail provision in the Code of Criminal Procedure. The Court treated Section 45 of the Prevention of Money Laundering Act, 2002 as containing mandatory conditions for grant of bail in cases covered by Part A of the Schedule, and noted that the Act has overriding effect through its own non obstante and consistency provisions. The Court also emphasized the seriousness of economic offences and the material collected during investigation in assessing whether the accused could be enlarged on bail.

Conclusion: The High Court was justified in applying Section 45 of the Prevention of Money Laundering Act, 2002 and refusing bail.

Final Conclusion: The appeal failed and the refusal of bail was upheld, leaving the appellant in custody pending trial.

Ratio Decidendi: In a prosecution under the Prevention of Money Laundering Act, 2002, the special statutory bail restrictions override Section 439 of the Code of Criminal Procedure, 1973 and must be satisfied before bail can be granted.

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