The Prevention of Money Laundering Act, 2002 (PMLA) is one of the most stringent criminal statutes in India. Section 45 of the Act imposes twin conditions for bail that make it exceptionally difficult for accused persons to secure release during trial.
The twin conditions require the court to be satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and that he is not likely to commit any offence while on bail. These conditions are in addition to the regular bail considerations under the Code of Criminal Procedure.
In the landmark case of Vijay Madanlal Choudhary v. Union of India (2022), the Supreme Court upheld the constitutional validity of Section 45 and its twin conditions, while emphasizing that the rigour of these conditions must be balanced against the fundamental right to personal liberty under Article 21.
Our team of experienced criminal lawyers at Unison Law Offices has successfully handled numerous PMLA bail applications before the Supreme Court and various High Courts. We understand the nuances of these proceedings and can provide strategic legal representation.