Bail Jurisprudence in Economic Offenses & PMLA: Key Principles and Defenses

### 1. The Twin Conditions under Section 45 PMLA Under Section 45(1) of the PMLA, bail cannot be granted unless: 1. The Public Prosecutor has been given an opportunity to oppose the application. 2. The Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offense and is not likely to commit any offense while on bail. ### 2. Constitutional Interventions: Article 21 and Speedy Trial The Supreme Court has repeatedly held that Section 45 does not completely eclipse Article 21 of the Constitution. Where an investigation is prolonged, voluminous documentation precludes an early trial, and incarceration has been substantial, prolonged pre-trial detention violates fundamental rights, entitling the accused to bail.