Ordinary bail principles govern PMLA bail when Section 45 twin conditions are inoperative; medical grounds and low flight risk supported release.

Section 45 of the Prevention of Money Laundering Act, 2002 was treated as inoperative after being declared unconstitutional, so regular bail had to be assessed under ordinary principles under Section 439 of the Code of Criminal Procedure, 1973. Applying the usual factors of flight risk, likelihood of tampering with evidence, and influencing witnesses, the Court found no concrete material showing that the petitioner would abscond or interfere with the investigation. The petitioner's cooperation with earlier investigations, roots in India, and serious medical condition, including cancer-related ailments, supported release. Bail was therefore granted on terms and conditions.

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Issues: Whether the petitioner was entitled to regular bail under the Prevention of Money Laundering Act, 2002, and whether the statutory twin conditions for bail under Section 45 of that Act applied or stood displaced in favour of the ordinary bail principles under Section 439 of the Code of Criminal Procedure, 1973.

Analysis: The Court held that the twin conditions under Section 45 of the Prevention of Money Laundering Act, 2002 had been declared unconstitutional and were not revived merely by the later amendment substituting the expression relating to the scheduled offence. As a result, the bail application had to be examined under the ordinary principles governing bail under Section 439 of the Code of Criminal Procedure, 1973. The Court then assessed the usual considerations of flight risk, likelihood of tampering with evidence, and influencing witnesses. It found that the petitioner had earlier cooperated with multiple investigations, had substantial roots in India, and no concrete material showed a real risk of absconding or interference with evidence or witnesses. The Court also considered the petitioner's serious medical condition, including his long-standing cancer and associated ailments, as an additional circumstance supporting release.

Conclusion: The petitioner was entitled to bail. The Court answered the bail claim in the petitioner's favour and directed release on terms and conditions.

Final Conclusion: The decision affirms that, in the absence of operative twin bail conditions under Section 45 of the Prevention of Money Laundering Act, 2002, bail must be decided on settled bail principles, and on the facts of the case the petitioner was found fit for release.

Ratio Decidendi: Once the statutory twin conditions for bail under Section 45 of the Prevention of Money Laundering Act, 2002 are inoperative, bail in a money-laundering case is governed by ordinary bail principles, with primary focus on flight risk, tampering with evidence, and influencing witnesses, and grave economic allegations do not by themselves mandate of bail.

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