PMLA bail restrictions prevail over general CrPC bail power, and twin statutory conditions must be satisfied before release.

In a prosecution under the Prevention of Money-Laundering Act, 2002, the special bail restrictions in Section 45 prevail over the general power to grant bail under Section 439 of the Code of Criminal Procedure, 1973. The twin statutory conditions for bail remained mandatory, and the Court examined the investigation material and the alleged economic offence before finding no basis to conclude that the petitioner was not involved in money-laundering or would not commit an offence while on bail. Bail was therefore refused because the Section 45 conditions were not satisfied.

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Issues: Whether bail under Section 439 of the Code of Criminal Procedure, 1973 could be granted in a prosecution under the Prevention of Money-Laundering Act, 2002 despite the restrictions in Section 45 of that Act, and whether the petitioner satisfied the statutory conditions for bail.

Analysis: Section 45 of the Prevention of Money-Laundering Act, 2002 was held to have overriding effect by reason of its non obstante clause, and the twin statutory conditions for bail were treated as binding even when bail was sought under Section 439 of the Code of Criminal Procedure, 1973. The Court also examined the material collected in investigation and the nature of the alleged economic offence, and found no basis to conclude that the petitioner was not involved in money-laundering or that he was unlikely to commit an offence while on bail.

Conclusion: Bail was refused because the statutory conditions under Section 45 of the Prevention of Money-Laundering Act, 2002 were not satisfied.

Ratio Decidendi: In a prosecution under the Prevention of Money-Laundering Act, 2002, the special bail restrictions in Section 45 prevail over the general power under Section 439 of the Code of Criminal Procedure, 1973, and bail cannot be granted unless the twin statutory conditions are met.

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