PMLA accused who has spent half of maximum sentence as undertrial can be given bail: SC

“This Court has held that Section 436A of the Code of Criminal Procedure, 1973 (for short “CRPC”) will apply even to a case under the PMLA. But the Court can still deny the relief owing to the ground such as where the trial was delayed at the instance of the accused,” the bench noted, as per Live Law.

What is the PMLA

The PMLA, like the UAPA, lays down a stringent standard for granting bail. Section 45 of the PMLA is a “negative” provision — which bars courts from granting bail unless the accused can prove that there is no “prima facie” case against them, and that they will not commit any offence in the future.

In November 2017, in Nikesh Tarachand Shah v Union of India, the Supreme Court had struck down these provisions as “unconstitutional”. However, Parliament put them back in by amending the PMLA through the Finance Act, 2018. This was upheld by the top court in a ruling in 2021.

While some parts of the 2021 ruling — for e.g., the ED is not obligated to disclose the ECIR (akin to an FIR in a criminal case) to the accused — are under review, the ruling is now the law of the land, since there is no stay operating on the judgment itself.