Prolonged pre-trial custody under PMLA can justify bail where trial is delayed and Article 21 liberty is at stake.

Prolonged pre-trial detention in a document-heavy PMLA prosecution may justify regular bail where custody is no longer necessary for investigation or trial and the proceedings are not likely to conclude within a reasonable time. The Court emphasised that bail cannot be refused mechanically when the record is largely documentary, several co-accused have already obtained bail, the accused has cooperated, and further recovery is not expected. In such circumstances, Article 21 concerns and the stage of supply of the police report and documents can outweigh continued incarceration, with suitable conditions used to safeguard the prosecution.

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Issues: Whether the appellant was entitled to regular bail under the Prevention of Money-Laundering Act, 2002 in view of parity with co-accused, the documentary nature of the record, the stage of trial, and the constitutional protection against prolonged incarceration.

Analysis: Bail under the PMLA cannot be refused mechanically where continued custody has become prolonged and the trial is not likely to commence or conclude within a reasonable time. The material in the case was largely documentary, a large volume of documents and witnesses remained to be dealt with, and the proceedings were still at the stage of supply of police report and documents. Several co-accused had already been granted bail. The appellant had remained in custody for over seven months, was of advanced age, had cooperated earlier, and no further recovery was expected. In such circumstances, the concerns of the prosecuting agency could be addressed by appropriate conditions, and the guarantees of personal liberty under Article 21 required intervention.

Conclusion: The appellant was entitled to be released on bail, and the conditions imposed by the Special Court were directed to govern the release.

Final Conclusion: The Court held that prolonged pre-trial incarceration in a document-heavy PMLA prosecution justified grant of bail where trial was not imminent and custody was no longer necessary for investigation or trial.

Ratio Decidendi: Where pre-trial detention under the PMLA becomes unduly prolonged and the trial is not likely to conclude within a reasonable time, constitutional courts may grant bail on Article 21 grounds notwithstanding the stringent bail conditions, especially where the case is largely documentary and appropriate conditions can secure the proceedings.

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