PMLA bail under twin statutory conditions was unsustainable where recorded satisfaction was absent and the order was passed in haste.

Bail under the Prevention of Money Laundering Act remains subject to the statutory twin conditions in Section 45, requiring the Court to be satisfied that the accused is not prima facie guilty and is not likely to commit any offence while on bail. An order granting bail without recorded satisfaction on those requirements, especially where the contemporaneous record shows haste and inadequate consideration of the statutory embargo, is legally vulnerable. On the stated facts, the bail order was unsustainable because the trial court did not properly address the PMLA restrictions before enlarging the accused on bail.

---

---

Issues: Whether the order granting bail to the accused in a prosecution under the Prevention of Money Laundering Act, 2002 could be sustained despite the absence of recorded satisfaction on the statutory twin conditions and the circumstances showing hurried grant of bail.

Analysis: Bail under Section 45 of the Prevention of Money Laundering Act, 2002 is subject to strict statutory restrictions where the Court must be satisfied, on the material before it, that the accused is not prima facie guilty and is not likely to commit any offence while on bail. The impugned bail order was found to be passed in haste, and the contemporaneous records did not reflect a properly prepared or reasoned order at the time of grant. The materials also indicated a serious money-laundering allegation involving large proceeds of crime, continuing investigative steps, and circumstances showing that the trial court did not properly address the statutory embargo before enlarging the accused on bail.

Conclusion: The bail order could not be sustained and was liable to be set aside.

---