#PMLA bail

The Delhi High Court held that the gender-based bail proviso under Section 45 of the PMLA is absolute for women, and Section 479 of the BNSS nullifies the cumulative effect of multiple cases in denying bail. This establishes a critical precedent: even when accused in several PMLA proceedings, a woman cannot be denied bail solely on the basis of multiplicity of cases, reinforcing gender equity in financial crime jurisprudence.

The Calcutta High Court ruled that detaining an accused for over three years without trial under the PMLA, despite bail in the predicate offence and concluded investigation, violates the fundamental right to liberty under Article 21. This sets a critical precedent that statutory bail barriers under Section 45 cannot override constitutional protections when trial delays are unreasonable and evidence is already secured.