Executive Summary
“Bail under the Prevention of Money Laundering Act (PMLA) involves stringent statutory thresholds under Section 45. This article discusses the constitutional interplay between statutory conditions and fundamental personal liberty.”
1. The Twin Conditions under Section 45 PMLA
Section 45 requires the court to be satisfied that there are reasonable grounds for believing the accused is not guilty of the offense and is unlikely to commit any offense while on bail. Following Vijay Madanlal Choudhary, constitutional courts have emphasized that these conditions must be harmonized with Article 21.
2. Prolonged Incarceration & Personal Liberty
Recent landmark rulings reaffirm that prolonged pre-trial incarceration without trial commencement overrides statutory restrictions under special acts, securing bail on constitutional grounds.
Key Practice Takeaways
Article 21 constitutional remedy remains available even under stringent PMLA Section 45 conditions.
Demonstrating lack of predicate offense attachment weakens money laundering prosecution grounds.