Calcutta High Court Grants PMLA Bail Overriding Twin Conditions by Invoking Article 21

The Calcutta High Court delivered a judgment granting bail under the Prevention of Money Laundering Act (PMLA) despite the presence of the statute's stringent twin conditions for release. The bench reasoned that the constitutional guarantee of personal liberty under Article 21 of the Constitution holds precedence when detention is prolonged without a speedy trial. The PMLA normally imposes strict twin conditions requiring the court to be prima facie satisfied that the accused is not guilty and is unlikely to commit any offense while on bail.

However, judicial interpretations increasingly weigh fundamental rights against statutory restrictions to prevent indefinite pre-trial detention. Advocates handling financial crime defense must strategically incorporate constitutional arguments regarding speedy trials and personal liberty when challenging PMLA custody. Legal teams should document delays and constitutional infringements to support bail applications before higher judicial forums.

Bottom line: fundamental liberty guarantees under Article 21 remain a vital shield in economic offense litigations.