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Issues: Whether the applicant was entitled to regular bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 45 of the Prevention of Money Laundering Act, 2002, in view of the alleged role in the money-laundering case, the statutory twin conditions, and the long period of custody pending trial.
Analysis: The application was considered on the touchstone of personal liberty under Article 21 of the Constitution of India, along with the special bail restrictions under Section 45 of the Prevention of Money Laundering Act, 2002. The allegations were treated as serious, but the Court noted that the investigation qua the applicant had been completed, the supplementary complaint had been filed, the trial had not commenced, the evidence was largely documentary, and the proceedings were likely to take considerable time because of the voluminous record. The Court also took note of the applicant's prolonged incarceration and the need to balance the statutory embargo against the constitutional protection of liberty.
Conclusion: The applicant satisfied the requirements for grant of bail, and regular bail was granted subject to conditions.
Final Conclusion: The application was allowed and the applicant was released on bail with stringent conditions.
Ratio Decidendi: In a PMLA bail matter, prolonged pre-trial incarceration and the constitutional guarantee of personal liberty may justify release on bail where the Court is satisfied on the overall balance of circumstances, notwithstanding the statutory restrictions.
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