Regular bail under PMLA denied after breach of bail conditions, awareness of property attachment, and proclaimed offender status.

Regular bail under Section 439 CrPC in a PMLA matter was refused because the accused had knowingly breached earlier bail conditions, including restrictions tied to attached immovable properties and the obligation not to hinder the trial. The Court accepted that the attachment orders and the identified properties were within his knowledge, and rejected the plea that limited education caused ignorance of those orders. It also noted that he had been declared a proclaimed offender and that no fresh exculpatory circumstance had arisen to justify a second bail request. The petition was therefore rejected.

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Issues: Whether the petitioner was entitled to regular bail under Section 439 of the Code of Criminal Procedure, 1973 in view of the alleged violation of the earlier bail conditions, sale of attached properties, and his status as a proclaimed offender.

Analysis: The petition was for regular bail in proceedings under the Prevention of Money Laundering Act, 2002. The record showed that provisional attachment had been made under the PMLA, the attachment was subsequently confirmed, and the earlier bail order had expressly required the petitioner to continue to avail the concession of bail subject to the attachment of identified immovable properties and not to hamper the trial. The Court found that the petitioner was aware of the attachment orders and the properties in question, including because the properties were specifically reflected in the attachment proceedings and in the appeal against attachment. His plea of ignorance based on limited education was not accepted. The Court also noted that he had violated the conditions of the earlier bail order, had been declared a proclaimed offender, and that no fresh exculpatory circumstance had arisen to justify a second regular bail petition.

Conclusion: The petitioner was not entitled to regular bail and the petition was rejected.

Ratio Decidendi: A second regular bail plea may be refused where the accused has willfully breached earlier bail conditions, was aware of the attachment of properties, and no new exculpatory circumstance justifies renewed discretionary relief.

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