PMLA Bail Granted After 3 Years' Custody; Calcutta High Court Says Article 21 Can Override Twin Conditions In Cases Of Prolonged Custody

The Calcutta High Court has granted bail to an accused in a money laundering case, holding that prolonged pre-trial incarceration of over three years violates the fundamental right to personal liberty under Article 21 and can justify relaxation of the stringent twin conditions under Section 45 of the Prevention of Money Laundering Act (PMLA).Justice Suvra Ghosh observed that howsoever stringent a penal statute may be, a constitutional court must lean in favour of constitutionalism and the rule of law, of which liberty is an intrinsic part.The Court noted that the petitioner had been in custody since February 9, 2023, and that such prolonged incarceration without commencement or conclusion of trial cannot be permitted to become punitive detention. It emphasized that Article 21 is overarching and sacrosanct, and in appropriate cases, can override the rigours of statutory restrictions like the twin conditions under Section 45 of the PMLA. The Court further found that there was little likelihood of the trial concluding in the near future, particularly since the predicate offence itself was pending and unlikely to proceed due to ongoing proceedings before the High Court. Given that the case involves over 30 witnesses and voluminous documentary evidence, the trial was expected to take considerable time.On the merits of custody, the Court observed that the case rests primarily on documentary evidence already seized and in the custody of the Enforcement Directorate, thereby reducing the possibility of tampering. It also noted that most witnesses are official witnesses, making the likelihood of influence remote. The Court reiterated that statements recorded under Section 50 of the PMLA while the accused is in custody cannot be treated as substantive evidence and can only serve a corroborative purpose. Additionally, the petitioner had already been granted bail in the predicate offence, investigation against him was complete, and no further custodial interrogation was necessary.While acknowledging the settled position that economic offences are grave and must be viewed seriously, the Court balanced this against the petitioner's right to personal liberty, particularly in light of the extended period of incarceration. It also took note that a co-accused similarly placed had already been granted bail. In this backdrop, the Court held that further detention of the petitioner was not warranted and allowed the bail application, subject to stringent conditions including furnishing a bond of ₹10 lakh, surrender of passport, restriction on travel, regular appearance before the trial court, and directions not to tamper with evidence or influence witnesses. The Court clarified that its observations were limited to the adjudication of the bail plea and would not affect the merits of the case at trial.Case: Prasenjit Das v/s Enforcement DirectorateCase No: CRM (R) 20 of 2025Click here to read order

PMLA Bail Granted After 3 Years' Custody; Calcutta High Court Says Article 21 Can Override Twin Conditions In Cases Of Prolonged Custody

Srinjoy Das

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