Section 436-A bail under PMLA prevails where undertrial custody exceeds half the maximum sentence and trial is not nearing completion

Section 436-A of the Code of Criminal Procedure, 1973 was treated as a beneficial provision protecting the right to speedy trial and personal liberty under Article 21, and it was held applicable to offences under the Prevention of Money Laundering Act, 2002. Where undertrial custody had exceeded one-half of the maximum prescribed sentence and there was no realistic prospect of early trial completion, the court held that continued incarceration would defeat the object of Section 436-A. The restrictions in Section 45 of the PMLA did not prevent relief on those facts, although delay attributable solely to the accused could be excluded. Bail was granted because the delay was not shown to be solely attributable to the applicants.

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Issues: Whether the applicants, having undergone custody exceeding one-half of the maximum prescribed sentence and the trial having not commenced, were entitled to bail under Section 436-A of the Code of Criminal Procedure, 1973 notwithstanding the rigours of Section 45 of the Prevention of Money Laundering Act, 2002.

Analysis: Section 436-A of the Code of Criminal Procedure, 1973 is a beneficial provision inserted to protect the constitutional right to speedy trial and personal liberty under Article 21 of the Constitution of India. The provision applies to offences under the Prevention of Money Laundering Act, 2002, and prevails over the statutory restrictions in Section 45 where the undertrial has already undergone detention for more than one-half of the maximum punishment and the trial is not likely to conclude in the foreseeable future. The period of custody attributable to delay caused by the accused may be excluded, but on the facts the delay was not shown to be solely attributable to the applicants. In the absence of an imminent prospect of trial completion, continued incarceration would defeat the object of Section 436-A.

Conclusion: The applicants were entitled to be released on bail under Section 436-A of the Code of Criminal Procedure, 1973, and the bail applications were allowed.

Ratio Decidendi: When an undertrial prisoner in custody for more than one-half of the maximum prescribed sentence is facing no realistic prospect of early trial completion, the court must give effect to Section 436-A of the Code of Criminal Procedure, 1973 and may grant bail despite the restrictions under Section 45 of the Prevention of Money Laundering Act, 2002.

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