Prolonged detention can outweigh PMLA bail restrictions when continued custody threatens the constitutional right to a speedy trial.

In a PMLA prosecution, prolonged pre-trial custody can justify bail despite the statutory restrictions in Section 45 where continued incarceration would infringe the Article 21 right to a speedy trial. The Court noted that the accused had been in custody for about 15 months, charge had not been framed, and the trial was unlikely to conclude soon. It treated the delay and the absence of near-term completion of trial as decisive factors supporting release, while leaving the substantive questions about the transactions to be tested at trial. The framework in Section 479 of the BNSS was also noticed in this context.

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Issues: Whether bail could be granted in a prosecution under the Prevention of Money Laundering Act, 2002 on the ground of prolonged pre-trial detention and the unlikelihood of the trial concluding in the near future, notwithstanding the statutory restrictions on bail.

Analysis: The petitioner had remained in custody for about 15 months and charge had not yet been framed. The Court noted that the alleged transactions were substantially under account and that the remaining issue of unaccounted funds would be examined at trial. It further held that the rigours of Section 45 of the Prevention of Money Laundering Act, 2002 do not prevent grant of bail where continued incarceration would infringe the constitutional guarantee of speedy trial under Article 21 of the Constitution of India. Reliance was placed on the principle that prolonged detention, coupled with little possibility of early conclusion of trial, can justify bail even in PMLA matters, and the recent statutory framework under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was noticed in this context.

Conclusion: Bail was granted to the petitioner on the ground of protracted detention and the dim prospect of early completion of trial.

Final Conclusion: The decision affirms that in a PMLA prosecution, constitutional speedy-trial considerations may override the ordinary bail restrictions where continued custody has become unduly prolonged and trial is not likely to finish soon.

Ratio Decidendi: The restrictions on bail under the Prevention of Money Laundering Act, 2002 do not bar release where prolonged incarceration would violate the right to speedy trial under Article 21 of the Constitution of India and the trial is not likely to conclude in the foreseeable future.

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