PMLA bail under strict conditions where limited material and prolonged custody did not justify further pre-trial detention

In a bail matter under the Prevention of Money Laundering Act, 2002, the Court applied Section 45 and the broad-probabilities approach at the pre-trial stage, holding that a meticulous appraisal of evidence was unnecessary. The material against the accused was limited to an alleged benefit of Rs. 50,000 for signing a power of attorney, and his more than three months of custody weighed against further incarceration. The Court found continued detention unjustified, noting that concerns about absconding, witness influence, or tampering could be met through strict bail conditions. Bail was granted subject to those conditions, without affecting the merits of the prosecution case.

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Issues: Whether the petitioner was entitled to bail under the Prevention of Money Laundering Act, 2002 despite the embargo in Section 45, and whether the alleged benefit attributed to him, his custody period, and the surrounding circumstances satisfied the statutory twin conditions.

Analysis: The complaint alleged money-laundering arising from the predicate offence, but the material against the petitioner was limited to an alleged benefit of Rs. 50,000/- for signing a power of attorney. The Court applied Section 45 of the Prevention of Money Laundering Act, 2002 and the settled principle that, at the bail stage, the Court is not to conduct a meticulous examination of evidence but to assess the material on broad probabilities. It was noticed that the petitioner had already spent more than three months in custody, the attributed amount was comparatively small, and further pre-trial incarceration was found unjustified. The Court also held that the risk of absconding, influencing witnesses, or tampering with evidence could be addressed by stringent conditions.

Conclusion: The petitioner was held entitled to bail, subject to strict terms and conditions.

Final Conclusion: The Court granted bail and directed release of the petitioner on compliance with the imposed conditions, while leaving the merits of the prosecution case untouched.

Ratio Decidendi: In a bail application under Section 45 of the Prevention of Money Laundering Act, 2002, the Court may grant bail where the available material on broad probabilities does not justify continued pre-trial detention and the statutory concerns can be secured through appropriate conditions.

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