Prolonged custody and inapplicable twin conditions under PMLA Section 45 supported grant of bail pending trial.

Prolonged pre-trial custody under the Prevention of Money Laundering Act, 2002 may justify bail where trial has not commenced and personal liberty requires protection. The analysis notes that the Supreme Court had held the twin conditions in Section 45(1) unconstitutional, and that the amended provision was later understood not to revive those conditions as a bar to release. It also considers parity with co-accused who had already obtained bail. On that basis, the petitioner was granted bail subject to court-imposed conditions.

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Issues: Whether bail should be granted to the petitioner under the Prevention of Money Laundering Act, 2002 in view of the long period of custody, non-commencement of trial, and the legal position governing the twin conditions for bail under Section 45 of that Act.

Analysis: The petitioner had remained in custody for a substantial period and the trial had not commenced. The decision considered the effect of the Supreme Court's ruling that the twin conditions in Section 45(1) of the Prevention of Money Laundering Act, 2002 were unconstitutional, and also noted the later view that the amended provision did not revive those conditions. The Court further relied on the prolonged incarceration of the petitioner and the fact that similarly placed co-accused had already been granted bail, while balancing the allegations with the necessity of protecting personal liberty pending trial.

Conclusion: Bail was granted to the petitioner.

Final Conclusion: The petitioner was ordered to be released on bail subject to the conditions imposed by the Court, and the bail application was disposed of accordingly.

Ratio Decidendi: Where prolonged custody continues without commencement of trial, bail may be granted by taking into account the constitutional protection of personal liberty and the inapplicability of the stringent twin conditions under Section 45 of the Prevention of Money Laundering Act, 2002 as a bar to release.

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