PMLA arrest protection granted subject to trial court conditions and compliance with bail safeguards

In a pending PMLA prosecution, the Court directed that if the appellant is arrested for offences under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002, he shall be released on bail by the arresting officer, investigating officer, or trial court on terms to be fixed by the trial court. The appellant must also comply with the conditions under Section 438(2) of the Code of Criminal Procedure, 1973 and appear regularly before the trial court. The impugned order was set aside, and the appellant obtained protection against custody on arrest, subject to the stated conditions.

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Issues: Whether the appellant was entitled to a direction that, if arrested in the pending money-laundering case, he be released on bail on terms to be fixed by the trial court and subject to statutory conditions.

Analysis: The Court directed that in the event of arrest in the pending proceedings under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002, the appellant shall be released on bail by the arresting officer, investigating officer, or trial court on terms and conditions to be fixed by the trial court. The appellant was also required to comply with the conditions under Section 438(2) of the Code of Criminal Procedure, 1973 and to regularly appear before the trial court. The impugned order was set aside in view of this direction.

Conclusion: The appellant succeeded and obtained protection against custody on arrest in the pending PMLA case, subject to conditions fixed by the trial court.

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