Regular bail under money-laundering law granted to a woman after completion of investigation and no shown proceeds of crime.

Regular bail under the Prevention of Money Laundering Act was considered in light of Section 45 and its proviso for women. The Court noted that the investigation qua the applicant was complete, she had remained in custody since October 2020, she was a woman who had entered the company as an employee, was not named in the original offence, and no material showed receipt of proceeds of crime or monetary benefit. Applying the women-specific proviso to Section 45, the Court treated the rigour of Section 45(1)(ii) as inapplicable and granted bail subject to conditions.

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Issues: Whether the applicant was entitled to regular bail in a prosecution under the Prevention of Money Laundering Act, 2002, in the light of Section 45 and the proviso applicable to women.

Analysis: The application was under Section 439 of the Code of Criminal Procedure, 1973. The Court noted that the complaint was registered in 2018 for an offence alleged to have taken place in 2010, the applicant had been in custody since 13.10.2020, and the investigation qua the applicant was complete. It was also noted that the applicant was a woman, had entered the company initially as an employee, was not named in the original offence, and no material was shown to indicate receipt of monetary benefit or proceeds of crime. The Court further relied on the proviso to Section 45 of the Prevention of Money Laundering Act, 2002, which carves out an exception for women and exempts such cases from the rigour of Section 45(1)(ii).

Conclusion: The applicant was entitled to regular bail and was ordered to be released on bail subject to conditions.

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