Prolonged custody and delayed trial justified bail under money laundering law where health concerns also weighed in favour of release.

Prolonged incarceration in a Prevention of Money Laundering Act prosecution, combined with a trial unlikely to conclude soon, justified relaxation of the statute's bail rigours. The court noted that investigation against other co-accused was still pending, the complaint involved voluminous material and many witnesses, and continued detention would not serve any immediate trial purpose. It also accepted that the petitioner required specialised medical care and treated him as a sick person for bail consideration. As no material supported claims of prejudice to investigation or witness intimidation, bail was granted and further pre-trial detention was held unwarranted, subject to the Special Court's terms.

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Issues: Whether bail should be granted in a prosecution under the Prevention of Money Laundering Act, 2002 in view of prolonged custody, delay in trial, and the petitioner's health condition.

Analysis: The petitioner's custody had continued for a substantial period, while investigation against other co-accused was still pending and the trial was not likely to conclude in the near future. The material collected was voluminous, and the complaint involved a large number of witnesses, reinforcing the conclusion that continued incarceration would not serve any immediate trial purpose. The petitioner had also been treated as a patient requiring specialised medical care, supporting the view that he fell within the category of a sick person for bail consideration. The objection that release would prejudice investigation or lead to witness intimidation was not supported by material. In these circumstances, the rigours of the bail conditions under the special statute were considered capable of being relaxed.

Conclusion: Bail was granted to the petitioner.

Final Conclusion: Further pre-trial detention was found unwarranted, and the petitioner was directed to be released on bail subject to the terms fixed by the Special Court.

Ratio Decidendi: Where an undertrial has undergone prolonged incarceration, the trial is unlikely to conclude soon, and the circumstances justify it, the constitutional right to personal liberty and speedy trial may warrant grant of bail even in proceedings under the Prevention of Money Laundering Act, 2002.

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