Prolonged custody did not override PMLA bail restrictions where Section 45 conditions were unmet and investigation was still active.

In a PMLA prosecution, prolonged custody and delay in trial were held insufficient to justify bail where the accused had not satisfied the twin conditions under Section 45. The Court relied on the continuing investigation, the alleged use of dummy firms, routing of funds through bank accounts, and the link to proceeds of crime and related assets, and found that the matter remained at a crucial investigative stage. Constitutional arguments based on personal liberty and speedy trial were considered, but they did not override the statutory bail restriction on these facts. Bail was declined.

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Issues: Whether bail in a prosecution under the Prevention of Money Laundering Act, 2002 could be granted on the ground of prolonged custody and delay in trial despite the statutory restrictions under Section 45.

Analysis: The petitioner was in custody for more than 14 months and relied on the constitutional guarantee of personal liberty and speedy trial, together with precedents recognising that long incarceration may justify bail even in serious economic offences. The Court, however, noted that the complaint and investigation disclosed a scheme involving dummy firms, routing of large sums through bank accounts, alleged commission from the scam proceeds, and continuing investigation into proceeds of crime and linked assets. In such circumstances, the Court held that delay by itself did not warrant release when the petitioner had not satisfied the twin conditions under Section 45 of the Prevention of Money Laundering Act, 2002. The Court also observed that the matter was still at a crucial investigative stage.

Conclusion: Bail was declined, and the petitioner was held not entitled to release on the ground of delay.

Final Conclusion: Prolonged custody did not outweigh the statutory bail restrictions on the facts, and the request for release was rejected.

Ratio Decidendi: In a case under the Prevention of Money Laundering Act, 2002, long incarceration or delay in trial does not by itself justify bail where the accused has not met the twin conditions under Section 45 and the investigation remains at a crucial stage.

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