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The court analyzed the application for regular bail in a money laundering case involving the fraudulent setup of Vivo group companies in India without disclosing Chinese ownership and making false declarations to government bodies. Considering Section 45 of the Prevention of Money Laundering Act (PMLA), which imposes additional conditions for granting bail, the court observed that it does not create an absolute prohibition. When trial completion is unlikely within a reasonable time, and the accused is incarcerated for a long period, the conditions u/s 45 must yield to the constitutional mandate of Article 21 (right to life and personal liberty). The court cited Supreme Court judgments emphasizing the right to speedy trial and the power of constitutional courts to grant bail on grounds of violation of Part III of the Constitution, notwithstanding statutory provisions like Section 45 PMLA.
The court analyzed the application for regular bail in a money laundering case involving the fraudulent setup of Vivo group companies in India without disclosing Chinese ownership and making false declarations to government bodies. Considering Section 45 of the Prevention of Money Laundering Act (PMLA), which imposes additional conditions for granting bail, the court observed that it does not create an absolute prohibition. When trial completion is unlikely within a reasonable time, and the accused is incarcerated for a long period, the conditions u/s 45 must yield to the constitutional mandate of Article 21 (right to life and personal liberty). The court cited Supreme Court judgments emphasizing the right to speedy trial and the power of constitutional courts to grant bail on grounds of violation of Part III of the Constitution, notwithstanding statutory provisions like Section 45 PMLA.
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