PMLA bail and Article 21 liberty: prolonged incarceration can outweigh section 45 rigours in appropriate cases.

In a PMLA bail matter, the court noted that the section 45 twin conditions ordinarily bar release unless there are reasonable grounds to believe the accused is not guilty and will not reoffend. It nevertheless held that prolonged pre-trial incarceration may, in an appropriate case, outweigh those statutory rigours when measured against Article 21 personal liberty. On the facts, the petitioner's age, relative role, delayed custody in the PMLA case, bail in the predicate offence, and the unlikelihood of an early trial supported release, and bail was granted despite the section 45 threshold.

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Issues: Whether bail should be granted in a prosecution under the Prevention of Money Laundering Act, 2002 despite the rigours of section 45, having regard to the petitioner's custody period, the stage of the investigation, and the protection of personal liberty under Article 21 of the Constitution of India.

Analysis: The allegations disclosed a serious money-laundering case arising out of a large recruitment scam, and the Court was not satisfied on merits that there were reasonable grounds for believing that the petitioner was not guilty or that he was not likely to commit any offence while on bail. Ordinarily, the twin conditions under section 45 of the Prevention of Money Laundering Act, 2002 would bar release. However, the Court held that prolonged incarceration without trial can, in an appropriate case, outweigh the statutory rigours of section 45 when tested on the anvil of Article 21 of the Constitution of India. The Court took note of the petitioner's age, his relative role compared with other accused, the delay in taking him into custody in the PMLA case, the fact that he had already been granted bail in the predicate case, and the circumstance that the trial was not likely to conclude soon.

Conclusion: Bail was granted to the petitioner notwithstanding the section 45 threshold.

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