2026 (2) TMI 114 - SCH - Money Laundering

Enlargement on bail under PMLA for a woman accused; court relaxes twin conditions, grants bail with conditions

A woman accused detained for nearly one year was granted enlargement on regular bail in a PMLA matter after the court relaxed the statutory twin ... Enlargement on regular bail - Relaxation of twin conditions of Section 45 of PMLA in respect of a woman accused - Conditions of bail including cooperation with trial, attendance, non-tampering with evidence and deposit of passport - HELD THAT:- The petitioner is in custody for almost one year. In the predicate offence, the petitioner has been enlarged on bail. As the petitioner is a woman, it seems to us that the twin conditions of Section 45 of PMLA can, to some extent, be relaxed. Consequently, but without expressing any opinion on merits, the instant petition is allowed. The petitioner is directed to be enlarged on bail subject to her furnishing bail bonds to the satisfaction of the Trial Court. In addition to the conditions that may be imposed by the Trial Court, it is directed that: (i) the petitioner shall fully cooperate with the ongoing trial; (ii) the petitioner shall remain present in Court on each and every date of hearing unless granted prior exemption; (iii) the petitioner will not try to influence the witnesses or tamper with the evidence in any manner; and (iv) the passport of the petitioner shall remain deposited with the Trial Court until further orders. The special leave petition is, accordingly, disposed of. Issues: Whether the petitioner is entitled to enlargement on regular bail in proceedings under the Prevention of Money Laundering Act, 2002 (PMLA) in ECIR No. JPZO/03/2023.Analysis: The petitioner was in custody for approximately one year in connection with the PMLA prosecution arising from an alleged predicate offence concerning leakage of examination papers. The predicate offence matter had resulted in bail for the petitioner. The petition involves Sections 3 and 4 of the PMLA and the twin conditions prescribed by Section 45 of the PMLA. Given the petitioner is a woman and having regard to the factual matrix including the period of custody and the predicate-offence bail position, the Court considered that the twin conditions of Section 45 could be relaxed to some extent. The Court imposed standard supervisory conditions to secure attendance and safeguard the trial process, including cooperation with the trial, presence on hearing dates unless exempted, prohibition on influencing witnesses or tampering with evidence, and deposit of the passport with the Trial Court.Conclusion: Petition allowed; petitioner enlarged on bail subject to furnishing bail bonds to the satisfaction of the Trial Court and subject to conditions: (i) full cooperation with the ongoing trial; (ii) presence in Court on each date of hearing unless prior exemption granted; (iii) no attempt to influence witnesses or tamper with evidence; (iv) deposit of passport with the Trial Court until further orders.