Bail Under PMLA I Understanding Section 45, Twin Conditions, and Exceptions I Dr. Jinesh Soni

Описание: Bail in Prevention of Money Laundering Act (PMLA) cases is governed by the stringent “twin conditions” under Section 45, making it one of the most challenging areas for accused individuals seeking temporary release. Courts must be satisfied that there are reasonable grounds to believe the accused is not guilty and will not commit any offense while on bail, effectively placing the burden on the accused rather than the prosecution.
Key Aspects:
Burden of Proof: Unlike regular criminal cases, the accused must demonstrate compliance with the twin conditions.
Public Prosecutor’s Role: The prosecutor must be heard before bail is granted.
Bail Principle: Courts balance the general principle that “bail is the rule, jail is the exception” with the serious nature of money laundering offences.
Exceptions & Considerations:
Vulnerable Groups: Special provisions exist for minors (under 16), women, and the sick or infirm.
Medical Conditions: Courts can consider verified medical reports to bypass strict twin conditions.
Prolonged Incarceration: Delays in trial not caused by the accused may justify bail.
Prima Facie Assessment: The “not guilty” condition requires only an initial evaluation, not a final judgment of innocence.
Nature of Offense: Certain offenses involving less than ₹1 Crore may allow more lenient consideration, subject to judicial interpretation.
These provisions ensure that while PMLA cases maintain strict safeguards against misuse of bail, courts retain discretion to consider special circumstances, delays, and vulnerabilities when granting release.
Contact Details:
Dr. Jinesh Soni – Advocate
📞 Mobile: 9772946899
📧 Email: [email protected]

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