Prolonged custody under PMLA can justify bail where trial delay looms and evidence is largely documentary, despite Section 45.

Prolonged pre-trial incarceration under the Prevention of Money Laundering Act may justify bail when the investigation is complete, the complaint has been filed, cognizance has been taken, and the trial is unlikely to conclude within a reasonable time. The note balances the statutory rigour of the twin bail conditions with Article 21 rights to personal liberty and speedy trial, emphasising that documentary evidence already collected and lengthy custodial delay can make continued detention unwarranted. It further records that, on these facts, bail was granted subject to conditions.

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Issues: Whether regular bail should be granted in a prosecution under the Prevention of Money Laundering Act, 2002 in view of prolonged custody, the stage of the proceedings, and the likely delay in trial.

Analysis: The application was considered in the context of Section 45 of the Prevention of Money Laundering Act, 2002, which imposes stringent twin conditions for bail. At the same time, the Court balanced those rigours against Article 21 of the Constitution of India and the right to personal liberty and speedy trial. The investigation qua the applicant had concluded, the prosecution complaint had been filed, cognizance had been taken, and the matter remained at the stage of scrutiny and supply of documents. The applicant had remained in custody for about ten months, the predicate investigation had not culminated in filing of a chargesheet, the prosecution had cited a large number of witnesses and voluminous documentary material, and there was no realistic likelihood of the trial concluding within a reasonable time. The evidence was primarily documentary and already collected.

Conclusion: The rigours of Section 45 of the Prevention of Money Laundering Act, 2002 were treated as sufficiently addressed for the limited purpose of bail, and further incarceration was held unwarranted. Bail was granted to the applicant.

Final Conclusion: The petition succeeded and the applicant was directed to be released on bail, subject to conditions.

Ratio Decidendi: In cases under the Prevention of Money Laundering Act, 2002, prolonged pre-trial incarceration and an inordinate delay in the commencement or conclusion of trial may justify bail where the evidence is substantially documentary and the constitutional guarantee of personal liberty and speedy trial under Article 21 outweighs continued detention despite the statutory rigour of Section 45.

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