PMLA bail and personal liberty: interim freedom, no misuse, and no tampering or flight risk support release

Bail under the Prevention of Money Laundering Act may be granted where the twin statutory conditions are satisfied on the facts, the accused has not misused interim liberty, and there is no material showing intimidation of witnesses, tampering with evidence, or flight risk. The analysis also notes that a stayed predicate offence, delay in trial, and the constitutional protection of personal liberty are relevant considerations when balancing the rigour of a special statute against fair and expeditious adjudication. Release on bail is therefore compatible with continued trial proceedings on their own merits.

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Issues: Whether the applicant, facing prosecution under the Prevention of Money Laundering Act, 2002, was entitled to bail in light of the twin conditions for bail, the stay of proceedings in the predicate offence, the existing interim bail, and the absence of any misuse of liberty.

Analysis: The application was considered against the background that the applicant had already been on interim bail, the predicate offence proceedings had remained stayed, and there was no adverse material showing misuse of liberty, intimidation of witnesses, tampering with evidence, or flight risk. The Court also considered the effect of the Supreme Court's guidance on liberty, delay in trial, and the requirement that the rigour of special statutes must be balanced with expeditious adjudication and the constitutional protection of personal liberty. On that basis, the Court held that the statutory bail conditions stood satisfied in the facts of the case.

Conclusion: Bail was granted to the applicant under the Prevention of Money Laundering Act, 2002.

Final Conclusion: The applicant was held entitled to release on bail, subject to conditions, and the trial court was directed to proceed independently on merits without being influenced by the bail order.

Ratio Decidendi: In a prosecution under the Prevention of Money Laundering Act, 2002, bail may be granted where the applicant has not misused interim liberty, there is no material of tampering or absconding, and the overall facts satisfy the statutory bail constraints while preserving the constitutional mandate of personal liberty.

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