New Delhi: The Supreme Court has orally observed that delay in trial and prolonged imprisonment makes an accused eligible for bail despite the Section 45 of the Prevention of Money Laundering Act.LiveLaw has reported that apex court judge Justice Sanjiv Khanna on March 20 observed that the section does not bar an accused from bail on the ground of prolonged incarceration – which is something which flows from Article 21 of the constitution.The Section 45 has it that an accused can only be granted bail if the court is prima facie satisfied that he has not committed an offence and is likely to not commit it while on bail.Justice Khanna cited the judgment in former Delhi deputy chief minister Manish Sisodia’s case, where Sisodia was granted liberty to apply for bail if there was delay in trial.LiveLaw has further reported that the bench, also comprising Justice Dipankar Datta, was hearing the bail application of one Prem Prakash, who is alleged to be the aide of Jharkhand Chief Minister Hemant Soren in a money laundering case.Prakash has spent 18 months in jail, Justice Khanna told Additional Solicitor General S.V. Raju.“That constitutional right is not taken away by Section 45. It is very clear,” Justice Khanna said.When ASG Raju said that Section 436A of the Criminal Procedure Code has it that an undertrial has to spend at least 50% of the maximum sentence to seek bail on the ground of delay, Justice Khanna said that this is “only an enabling provision” and does not disable the court from granting bail.However, the bench did not grant bail to Prakash and adjourned the hearing by a month to ascertain the progress of trial, asking the court to expedite it.