PMLA bail restrictions: Supreme Court found complaint material sufficient to justify release on bail with safeguards against absconding.

In proceedings under the Prevention of Money-laundering Act, 2002, the Supreme Court considered whether the statutory bail restrictions barred release. On the complaint material, the Court found that the appellant's alleged role could support satisfaction of the second condition under Section 45(1)(ii), and it treated continued incarceration as unjustified on the facts. Bail was granted subject to safeguards to secure attendance and reduce flight risk, including surrender of passport, regular appearance before the Special Court, and such further conditions as the Court considered appropriate.

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Issues: Whether the appellant was entitled to bail in proceedings under the Prevention of Money-laundering Act, 2002, in view of the statutory bail restrictions and the allegations in the prosecution complaint.

Analysis: The appellant had remained in custody since 26.09.2022, while the predicate FIR had remained pending for years without a final report. The Court noted that the prosecution complaint itself described the appellant's role in a manner that could support the argument that the second condition under clause (ii) of sub-section (1) of Section 45 of the Prevention of Money-laundering Act, 2002 was satisfied. On that material, the Court held that continued incarceration was not justified. The apprehension that the appellant might flee was addressed by imposing bail safeguards, including surrender of passport and regular appearance before the Special Court.

Conclusion: The appellant was held entitled to bail, with conditions to be fixed by the Special Court and with additional conditions imposed by the Supreme Court.

Final Conclusion: The proceeding was resolved in favour of the appellant by ordering release on bail subject to conditions designed to secure attendance and prevent flight.

Ratio Decidendi: Where the complaint material itself supports satisfaction of the statutory bail condition and further custody is not justified on the facts, bail may be granted subject to appropriate safeguards against absconding.

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