Section 436-A bail in PMLA proceedings granted after prolonged custody crossed the statutory half-sentence threshold.

Section 436-A of the Code of Criminal Procedure was applied in a pending PMLA matter because custody had continued beyond half of the prescribed sentence, and the Directorate did not seek extension of custody after the initial remand. The appellant had spent about 9 years and 2 months in incarceration, including custody and sentence undergone for the predicate offences, which satisfied the statutory condition for release. Bail was accordingly granted in the PMLA case, and the restriction limiting bail to six months was set aside.

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Issues: Whether the appellant was entitled to release on bail under Section 436-A of the Code of Criminal Procedure, 1973, in the pending PMLA proceeding.

Analysis: The Directorate did not seek extension of custody after the initial remand. The appellant had already undergone incarceration for about 9 years and 2 months, including custody and sentence undergone for the predicate offences, and had remained in custody for more than half of the prescribed sentence after registration and arrest under the PMLA. On that basis, the statutory condition for invoking Section 436-A was satisfied.

Conclusion: The appellant was held entitled to release on bail in the specified PMLA case, and the restriction limiting bail to six months was set aside.

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