Regular bail under money laundering law turns on women's proviso, Article 21, documentary evidence, parity, and custody length

A woman accused under the Prevention of Money Laundering Act was considered for regular bail in light of the first proviso to section 45, Article 21, the documentary nature of the material, parity with co-accused, and prolonged custody. The Court noted that the benefit for women is not automatic, but must be assessed on the facts, including the strength of the material, the stage of trial, and the likelihood of delay. On those considerations, continued custody was not justified and regular bail was granted.

---

---

Issues: Whether the applicant, a woman accused under the Prevention of Money Laundering Act, 2002, was entitled to regular bail having regard to the proviso to section 45, the nature of the material against her, parity with co-accused, and the period of custody.

Analysis: The allegations against the applicant were that she used her companies and firms to route proceeds of crime arising from the predicate offence. The Court noted that she was not an accused in the predicate offence and that the material against her was principally documentary in nature. The Court applied the settled approach that personal liberty under Article 21 remains a vital consideration even in stringent special statutes. It further relied on the first proviso to section 45 of the Prevention of Money Laundering Act, 2002, which permits special consideration to women, and observed that such benefit is not automatic but must be assessed on the facts. The Court also considered the long period of judicial custody, the voluminous record, the likelihood of delay in trial, and the circumstances of parity and comparative treatment of similarly placed accused.

Conclusion: The applicant was held entitled to regular bail.

Ratio Decidendi: In bail matters under the Prevention of Money Laundering Act, 2002, the proviso favouring women must be meaningfully considered alongside Article 21, the nature of the evidence, parity, and the likely duration of trial, and regular bail may be granted where continued custody is not justified on those facts.

---