PMLA bail restrictions balanced against prolonged custody, with limited interim bail granted for special circumstances.

In a money-laundering prosecution governed by Section 45 of the Prevention of Money Laundering Act, 2002, the Court balanced the statutory bail restrictions against prolonged pre-trial custody, the fact that trial had not commenced, and the pendency of further investigation. It also considered the seriousness of the offence, the risk of witness intimidation, public interest, and the stalled stage of the proceeding caused by the stay and the absence of co-accused persons. On those facts, continued detention was treated as unjustified for the limited purpose sought, and interim bail was granted on stated terms and conditions to enable the accused to avail annual leave connected with another sentence.

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Issues: Whether the accused was entitled to interim bail in a money-laundering case despite the rigours of Section 45 of the Prevention of Money Laundering Act, 2002, having regard to prolonged custody, pendency at the pre-charge stage, and the need to avail annual leave connected with another sentence.

Analysis: The allegations involved serious economic offences and the statutory bail restrictions under Section 45 of the Prevention of Money Laundering Act, 2002 were noted, along with the need to consider the nature and seriousness of the offence, the possibility of witness intimidation, public interest, and other settled bail factors. At the same time, the accused had remained in judicial custody since 21.04.2018, trial had not commenced, further investigation was still pending, and the proceeding had remained stalled for a considerable period because of the stay and non-appearance of co-accused persons. In these circumstances, continued detention was found to justify only limited interim relief so that the accused could avail the annual leave entitlement arising from the other sentence.

Conclusion: Interim bail was granted to the accused on the stated terms and conditions.

Final Conclusion: The bail application was disposed of by granting limited interim bail, balancing the statutory restrictions on bail in money-laundering offences against the prolonged pre-trial incarceration and the special circumstances shown by the accused.

Ratio Decidendi: In a case governed by Section 45 of the Prevention of Money Laundering Act, 2002, prolonged custody and an inordinate delay in commencement of trial may justify limited interim bail where the Court finds that continued detention would be unjustified in the particular circumstances of the case.

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