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Bail under the PMLA remained subject to the stringent twin conditions in Section 45; on merits, the Court could not record reasonable grounds to believe that the accused was not guilty or unlikely to reoffend, so the statutory bar was not crossed. The Court nevertheless held that unduly long pre-trial incarceration may, in an appropriate case, outweigh Section 45 when assessed under Article 21. After balancing the seriousness of the allegations, alleged witness-influence concerns, prior bail in the predicate offences, custody of about two years and three months, and delay by the investigating agency, the Court granted bail on stringent terms.
Bail under the PMLA remained subject to the stringent twin conditions in Section 45; on merits, the Court could not record reasonable grounds to believe that the accused was not guilty or unlikely to reoffend, so the statutory bar was not crossed. The Court nevertheless held that unduly long pre-trial incarceration may, in an appropriate case, outweigh Section 45 when assessed under Article 21. After balancing the seriousness of the allegations, alleged witness-influence concerns, prior bail in the predicate offences, custody of about two years and three months, and delay by the investigating agency, the Court granted bail on stringent terms.
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