Under Section 45 of PMLA, an accused accused of an offence attracting imprisonment of more than three years under Part A of the Schedule can be released on bail only if:

Section 45(1) of PMLA imposes twin conditions ('twin tests') for bail in respect of offences attracting more than three years imprisonment under Part A of the Schedule. First, the Public Prosecutor must be given an opportunity to oppose the application. Second, where the Public Prosecutor opposes, the court must be satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and is not likely to commit any offence while on bail. These stringent conditions have been upheld by the Supreme Court as constitutionally valid. The proviso grants discretion to the Special Court to release a person under sixteen years of age, a woman, or a sick or infirm person. Section 45 has been a major point of litigation.