Regular bail under PMLA granted where documentary evidence, long custody and likely trial delay made continued detention disproportionate.

Regular bail was granted in a PMLA prosecution after the Court found the Section 45 threshold satisfied on the material before it. The petitioner had joined investigation, remained in custody for a substantial period, and the case depended largely on documentary evidence and recorded statements. The Court also noted that he was added only in a sixth supplementary complaint, that the predicate-offence case had earlier been described as weak, and that the trial was likely to be delayed because of voluminous records and many witnesses. Continued detention was therefore considered disproportionate, and bail was ordered subject to conditions.

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Issues: Whether the petitioner was entitled to regular bail in a prosecution under the Prevention of Money Laundering Act, 2002 in view of the twin conditions under Section 45, the material collected by the Enforcement Directorate, and the length of custody and anticipated delay in trial.

Analysis: The petition was considered on the basis that the petitioner had joined investigation, had already spent substantial time in custody, and that the case rested largely on documentary material and statements recorded during investigation. The Court noted that the petitioner had been added as an accused only in the sixth supplementary prosecution complaint, while earlier complaints had not arrayed him as an accused. The Court also took into account that the predicate-offence case against him had earlier been described as weak, that the petitioner had offered explanations for the cash deposits and expenditure attributed to him, and that the trial involved voluminous records and a large number of witnesses. In these circumstances, the Court found that the statutory embargo under Section 45 was sufficiently met at the bail stage and that continued detention would offend the principle that prolonged incarceration before trial should not become punishment.

Conclusion: The petitioner was held entitled to bail.

Final Conclusion: Regular bail was granted subject to conditions, and the petition stood disposed of.

Ratio Decidendi: In a prosecution under the Prevention of Money Laundering Act, 2002, bail may be granted where the Court finds, on the material before it, that the accused has satisfied the statutory bail threshold and that continued pre-trial custody would be disproportionate in the context of a delayed trial and documentary evidence-based prosecution.

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