A person has been arrested for a cognizable and non-bailable offence, punishable for a term of imprisonment for more than three years, under the Prevention of Money Laundering Act, 2002. Advise him, as to how he can be r

Section 45 of the Prevention of Money Laundering Act, 2002 deals with offences to be cognizable and non-bailable. According to Section 45 of the Act, notwithstanding anything contained in the Code of Criminal Procedure, 1973, no person accused of an offence under this Act shall be released on bail or on his own bond unless-- the Public Prosecutor has been given an opportunity to oppose the application for such release; and where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: A person, who, is under the age of sixteen years, or is a woman or is sick or infirm, or is accused either on his own or along with other co-accused of money-laundering a sum of less than one crore rupees may be released on bail, if the Special Court so directs. The Special Court shall not take cognizance of any offence punishable under section 4 except upon a complaint in writing made by the Director; or any officer of the Central Government or a State Government authorised in writing in this behalf by the Central Government by a general or special order made in this behalf by that Government. The limitation on granting of bail specified in is in addition to the limitations under the Code of Criminal Procedure, 1973 or any other law for the time being in force on granting of bail. Accordingly, the accused would have to satisfy the court and adopt the procedure as stated in Section 45 and the other related provisions, in order to enable him to get bail.