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Section 45 of the PMLA imposes twin conditions for ordinary...
Article 21 safeguards against punitive money-laundering detention when trial delay makes continued custody constitutionally disproportionate despite stringent bail rules.
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Section 45 of the PMLA imposes twin conditions for ordinary bail, but Article 21 requires a separate assessment where continued pre-trial custody risks becoming punitive because trial cannot conclude within a reasonable time. Constitutional bail depends on custody duration, trial progress and likely timetable, attribution of delay, evidence security, and risks of absconding or witness interference; no fixed custody period controls. Conditional release may protect trial integrity through passport surrender, attendance requirements, territorial limits and non-contact directions. Bail in the predicate offence, pending predicate proceedings and secured documentary material may support, but do not replace, the Section 45 assessment.
Section 45 of the PMLA imposes twin conditions for ordinary bail, but Article 21 requires a separate assessment where continued pre-trial custody risks becoming punitive because trial cannot conclude within a reasonable time. Constitutional bail depends on custody duration, trial progress and likely timetable, attribution of delay, evidence security, and risks of absconding or witness interference; no fixed custody period controls. Conditional release may protect trial integrity through passport surrender, attendance requirements, territorial limits and non-contact directions. Bail in the predicate offence, pending predicate proceedings and secured documentary material may support, but do not replace, the Section 45 assessment.
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