PMLA bail cannot rest on predicate-offence bail or charge-sheet filing where prima facie material supports detention.

In a PMLA prosecution, bail was refused because the offence under Section 3 is treated as an independent offence, and earlier bail in the predicate case was not decisive where that relief had been granted on procedural grounds. The filing of the charge sheet and the applicant's period in custody were not, by themselves, enough to justify release. The court found prima facie material, cognizance had already been taken, and the surrounding circumstances indicated avoidance of arrest. Bail was therefore rejected and the application dismissed.

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Issues: Whether bail should be granted in a prosecution under the Prevention of Money Laundering Act, 2002 on the grounds that the applicant had earlier obtained bail in the predicate case, the charge sheet had been filed, and the applicant had remained in custody for a considerable period.

Analysis: The application arose from allegations under the money-laundering statute, which treats the offence under Section 3 as an independent offence punishable under Section 4. The earlier bail in the predicate case was not decisive because that relief had been granted on procedural grounds and not on the merits of the money-laundering . The record also disclosed prima facie material, cognizance already taken, and circumstances reflecting avoidance of arrest. The filing of the charge sheet and the period of custody, by themselves, were not treated as sufficient to justify release.

Conclusion: Bail was refused and the application was dismissed.

Ratio Decidendi: In a prosecution under the Prevention of Money Laundering Act, 2002, bail cannot be granted merely because the accused has obtained bail in the predicate offence or because the charge sheet has been filed, where the court finds prima facie material and the circumstances otherwise do not justify release.

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