Prolonged pre-trial incarceration can justify bail under special statutes despite stringent statutory restrictions and twin conditions.

Prolonged pre-trial incarceration under Article 21 may justify bail even under stringent special statutes. The note explains that custody length, the likely time to conclude trial, and the accused's prima facie role remain relevant despite statutory bail restrictions. It records that limited facilitative conduct, long detention, a slow-moving trial with many accused and witnesses, and parity with co-accused supported release in the State case under MCOCA. It also notes that extended custody beyond the threshold under Section 479 BNSS, together with the effect of co-accused bail, supported bail in the PMLA proceedings notwithstanding the twin conditions under Section 45.

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Issues: (i) whether the petitioners were entitled to bail in the State case under the Maharashtra Control of Organised Crime Act, 1999 despite the statutory embargo in Section 21(4), having regard to prolonged pre-trial incarceration and the nature of their alleged roles; (ii) whether Deepak was entitled to bail in the money-laundering proceedings under the Prevention of Money-Laundering Act, 2002, in view of the length of custody, Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and parity with co-accused.

Issue (i): whether the petitioners were entitled to bail in the State case under the Maharashtra Control of Organised Crime Act, 1999 despite the statutory embargo in Section 21(4), having regard to prolonged pre-trial incarceration and the nature of their alleged roles.

Analysis: The Court held that the constitutional guarantee under Article 21 required the period of custody, the likely duration of trial, and the prima facie role of the accused to be assessed even where special bail restrictions applied. The petitioners had remained in custody for nearly five years, charges had only recently been framed, and the case involved numerous accused, witnesses, and voluminous material. On the prosecution version, their participation was confined to collection, transmission, and distribution of funds on instructions of others, which was characterised as financial and logistical facilitation rather than strategic command or conceptualisation of the alleged organised crime.

Conclusion: Bail was held to be warranted in the State case, and the petitioners were found entitled to release.

Issue (ii): whether Deepak was entitled to bail in the money-laundering proceedings under the Prevention of Money-Laundering Act, 2002, in view of the length of custody, Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and parity with co-accused.

Analysis: Deepak had spent more than four years and nine months in custody, while the maximum sentence for the offence was seven years. The Court held that this period exceeded the threshold contemplated by Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and that the twin conditions under Section 45 of the Prevention of Money-Laundering Act, 2002 could not defeat the constitutional and statutory consequence of such prolonged detention. The Court also noted that a substantial number of co-accused had already been granted bail, including persons alleged to have played more serious roles in laundering or handling the proceeds of crime, and held that Deepak stood on no graver footing.

Conclusion: Deepak was held entitled to bail in the PMLA proceedings as well.

Final Conclusion: The Court enlarged the petitioners on bail in the State case, and Deepak was also enlarged on bail in the PMLA proceedings, subject to conditions, on the footing that prolonged incarceration had outweighed the statutory restrictions in the facts of the case.

Ratio Decidendi: Constitutional protection against prolonged pre-trial incarceration under Article 21 can justify bail even under special statutes with stringent bail conditions, where the custody period is substantial, the trial is unlikely to conclude soon, and the accused's alleged role is limited to facilitative conduct rather than strategic control.

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