PMLA bail under Section 45 may be granted where prolonged custody and delayed trial make continued detention unwarranted.

Section 45 of the Prevention of Money Laundering Act, 2002 imposes strict conditions on bail, requiring the Court to be satisfied that the accused is not guilty and is unlikely to commit an offence while on bail. In the noted matter, prolonged custody of over two and a half years, delayed initiation of the PMLA proceedings, non-framing of charges, prior bail in the scheduled offence, and the likelihood of a lengthy trial were treated as factors supporting release. Bail was granted subject to conditions.

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Issues: Whether bail should be granted to the applicant in a prosecution under the Prevention of Money Laundering Act, 2002, having regard to the statutory restrictions on bail, the stage of investigation and trial, and the period of custody.

Analysis: Section 45 of the Prevention of Money Laundering Act, 2002 restricts release on bail unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty and is not likely to commit an offence while on bail. On the facts, the applicant had remained in custody for more than 21/2 years, the schedule offence had arisen much earlier, the complaint and investigation under the money-laundering prosecution were initiated belatedly, and charges under the PMLA had not yet been framed. The Court also noted that the applicant had already secured bail in the schedule offence and that the trial was likely to take considerable time.

Conclusion: Bail was granted.

Final Conclusion: The applicant was released on bail subject to conditions, the Court having found the case fit for enlargement on bail despite the rigours of the PMLA.

Ratio Decidendi: Under Section 45 of the Prevention of Money Laundering Act, 2002, prolonged custody, belated prosecution steps and delay in commencement of trial can justify bail where the Court is satisfied that continued detention is not warranted.

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