Section 436-A CrPC can justify bail despite PMLA restrictions when prolonged custody continues without trial progress.

Prolonged judicial custody without commencement of trial can justify bail under Section 436-A CrPC even where the alleged offences are subject to the stringent conditions of Section 45 of the Prevention of Money Laundering Act. The Gauhati HC treated the fact that the accused had already undergone more than one-half of the maximum prescribed sentence, while the proceedings remained stayed and trial had not begun, as decisive. It held that continued detention in those circumstances would impair personal liberty and speedy justice under Article 21, and granted bail on the liberty-protective mandate of Section 436-A.

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Issues: Whether the accused, who had remained in judicial custody for a prolonged period without commencement of trial, was entitled to bail under Section 436-A of the Code of Criminal Procedure, 1973 notwithstanding the stringent bail conditions under the Prevention of Money Laundering Act, 2002.

Analysis: The custody period had crossed one-half of the maximum sentence prescribed for the alleged offences, while the trial had not commenced because the proceedings remained stayed. The Court noted that continued detention in such circumstances would undermine the right to personal liberty and speedy justice under Article 21 of the Constitution of India. The stringent conditions in Section 45 of the Prevention of Money Laundering Act, 2002 were considered, but the Court treated the prolonged incarceration and absence of trial progress as decisive in favour of release on bail.

Conclusion: Bail was granted to the accused in exercise of the liberty-protective mandate of Section 436-A of the Code of Criminal Procedure, 1973.

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