Supreme Court grants bail to Anil Abraham after 15 months in PMLA custody, citing delayed trial and lack of flight risk.
SC Grants Bail to Anil Abraham in PMLA Case After 15 Months
The Supreme Court granted bail to businessman Anil Abraham in a money laundering case under the Prevention of Money Laundering Act, 2002 (PMLA), after 15 months of judicial custody. The bench observed prolonged investigation delays and absence of flight risk or tampering evidence as key factors.
Abraham had been arrested by the Enforcement Directorate (ED) in connection with alleged layering of illicit funds through shell entities. While the prosecution argued for custody citing ongoing probe, the Court held that under Section 45(1) PMLA, the accused’s prolonged incarceration without trial progress warranted bail.
"Personal liberty cannot be indefinitely curtailed merely because investigation is complex,"the bench observed, reaffirming the principles of proportionality and reasonable speed.
This ruling reinforces constitutional safeguards under Article 21 despite the stringent bail conditions in PMLA. Practitioners should now more robustly invoke delay in prosecution timelines when challenging extended custody, especially in multi-layered financial crime investigations.
Citations
- Prevention of Money Laundering Act, 2002, Section 45
- State of Rajasthan v. Balchand, AIR 1978 SC 247