Our team of professionals at Taps9 Legal Services advises you that the provision for bail in cases of non-bailable offenses is that they can apply for bail, but it depends on the discretion of the court whether or not to grant bail. This grants powers to the high court or the court of session regarding bail that are in place to ensure that the judicial system is just and fair.

There are two types of bail, regular bail which is granted to accused individuals who are already in jail or legal custody and an anticipatory bail which is granted to people who are apprehending arrest. There is also an interim bail which is provided for a short time to the accused person before the actual bail hearing.

What are the grounds for regular bail?

The conditions for obtaining regular bail in cases of bailable and non-bailable offenses can differ. In case of bailable offenses, bail can be granted immediately but in cases of non-bailable offenses, bail can take time to get granted.

ANTICIPATORY BAIL

The twin conditions prescribed under Section 45 of the PMLA are also applicable to anticipatory bail proceedings. The observations  of the Hon'ble Supreme Court in Vijay Madanlal Choudhary v. Union of India . The twin conditions prescribed under Section 45 of PMLA are given below:

There are reasonable grounds for believing that the accused is not guilty of offence of money laundering;
and That the accused is not likely to commit any offence while on bail

The Supreme Court in Vijay Madanlal (supra) has clarified that even if a person is not named as an accused in the scheduled offence, he can still be treated as an accused in proceedings under PMLA, if it is shown that he is involved in any proceedings or activity connected with the proceeds of crime. 

The Supreme Court in CBI v. Anil Sharma  has clearly held that custodial interrogation is necessary for the purposes of an effective investigation. The non-appearance of the applicant pursuant to repeated summons issued by ED would disentitle the applicant to protection.

In case there is no availability of evidence to prove the crime against the accused person or the accused is a minor, a female, or suffering from health issues, the offenses committed do not require punishment of imprisonment for years or a life sentence. If no proof is found during the trial, then on certain grounds bail can be granted.

If the accused has witnessed but not taken part in the crime, then the court will accordingly decide the bail of the person depending on certain factors.

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