Prolonged pre-trial custody can justify bail under PMLA where speedy trial and liberty concerns outweigh restrictive conditions.

Prolonged pre-trial incarceration in a Prevention of Money Laundering Act prosecution may justify regular bail despite the twin conditions where the trial has not commenced, the complaint remains at charge consideration, and there is no realistic prospect of early conclusion. The commentary emphasises that the constitutional rights to liberty and speedy trial under Article 21 can prevail over restrictive bail provisions in appropriate cases, especially where the material is largely documentary, the predicate offence has not moved to trial, and there is no showing of flight risk or danger to society.

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Issues: Whether regular bail should be granted in a prosecution under the Prevention of Money Laundering Act, 2002 despite the twin conditions for bail, having regard to prolonged incarceration, the stage of trial, and the constitutional right to liberty and speedy trial.

Analysis: The applicant had been in custody for about three years and four months, the complaint was still at the stage of consideration of charge, and the trial had not commenced. The Court noted that the predicate offence had not proceeded to trial either, while the prosecution had cited a very large number of witnesses and the material was substantially documentary. Relying on the principle that the existence of a scheduled offence is foundational to the allegation of proceeds of crime, and that restrictive bail provisions under the Prevention of Money Laundering Act, 2002 cannot be applied as an absolute restraint where continued detention would defeat the right to a speedy trial, the Court held that the case fell within the constitutional exception warranting bail. The Court also noted the absence of material showing flight risk or a real threat to society, and observed that the applicant's statements and the statements of co-accused would be tested at trial.

Conclusion: Bail was granted, subject to conditions, as the statutory restrictions did not outweigh the applicant's right to liberty in the facts of the case.

Ratio Decidendi: In a case under the Prevention of Money Laundering Act, 2002, prolonged pre-trial incarceration coupled with no reasonable prospect of the trial concluding in the near future can justify bail notwithstanding Section 45, because the constitutional guarantee of liberty and speedy trial under Article 21 prevails over restrictive bail conditions in appropriate cases.

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