PMLA bail remains barred where seizure material and inquiry statements show a prima facie laundering link despite custody and health pleas.

In a PMLA bail matter, the Court found that seizure material, documents and statements recorded during inquiry disclosed a prima facie case linking the accused to companies and properties allegedly used to launder proceeds of crime. It held that the statutory embargo on bail under section 45 continued to apply at the bail stage. Long custody, advanced age, medical ailments and delay in trial were considered, but on the facts they did not override the special statutory requirements for release. Bail was therefore refused and custody continued.

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Issues: Whether the petitioner was entitled to bail in a prosecution under the Prevention of Money Laundering Act, 2002 despite allegations supported by seizure material and statements recorded during the inquiry, and whether custody length, age and medical condition justified release.

Analysis: The material placed before the Court showed large-scale seizure of cash, jewellery and other assets, along with documents and statements indicating the petitioner's connection with companies and properties said to have been used for laundering proceeds of crime. The Court treated the statements recorded under section 50 of the Prevention of Money Laundering Act, 2002 and the surrounding documentary material as sufficient at the bail stage to show a prima facie case, and held that the statutory embargo under section 45 continued to apply. The plea based on long custody, advanced age, multiple ailments and delay in trial was considered, but the Court found that those factors did not, on the facts of the case, displace the statutory requirements for bail or create a case for release at that stage.

Conclusion: Bail was refused because the petitioner did not satisfy the requirements governing grant of bail under the special statute.

Final Conclusion: The application for bail was rejected and the petitioner was directed to remain in custody.

Ratio Decidendi: In a prosecution under the Prevention of Money Laundering Act, 2002, bail cannot be granted unless the court is satisfied, on the materials available at the stage of consideration, that the statutory conditions for bail are met and that the accused has a case for release notwithstanding the gravity of the alleged laundering activity and the supporting recovery and statement evidence.

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