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Prolonged pre-trial custody in money-laundering proceedings may require constitutional protection of personal liberty and speedy trial under Article 21 to prevail over the bail restrictions in Section 45 of the PMLA. No fixed custody period determines this result; the assessment depends on the alleged role, prescribed sentence, trial stage and expected duration, and risks of absconding or interference with evidence. Where investigation is complete, trial progress remains delayed, no early completion is realistic, and delay is not attributable to the accused, the statutory twin conditions may be diluted. Regular bail may then be granted subject to appropriate conditions.
Prolonged pre-trial custody in money-laundering proceedings may require constitutional protection of personal liberty and speedy trial under Article 21 to prevail over the bail restrictions in Section 45 of the PMLA. No fixed custody period determines this result; the assessment depends on the alleged role, prescribed sentence, trial stage and expected duration, and risks of absconding or interference with evidence. Where investigation is complete, trial progress remains delayed, no early completion is realistic, and delay is not attributable to the accused, the statutory twin conditions may be diluted. Regular bail may then be granted subject to appropriate conditions.
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