23rd December 2017 filed a complaint under Section 45
PMLA before the learned Special Judge, PMLA with the prayer for further
investigation. In the said ... under Section 3 PMLA were non-cognizable as was
evidenced by the PMLA Amendment Act 20 of 2005 by which Section 45 of
the PMLA
OnLine Del 244.
(P) With regard to Section 45 PMLA, it was submitted that the twin conditions
set out in sub-clause (1), having been ... Signing Date:03.03.2022
10:40:47
(J) With respect to Section 45 PMLA, it was submitted that the twin conditions
under sub-clause (1), which
following
arguments:
A. He states that the twin conditions of section 45 PMLA are not applicable
to the Applicant as she is a woman ... PMLA.
20. PMLA does not define a „woman‟. It is neither the intention of the
Constitution of India nor the intention of PMLA to classify
applicant
has been arrested.
(J) While referring to Section 45 PMLA, it was submitted that the twin
conditions set out in sub-clause (1) thereof ... present case. Notably, the Special Court also did
not apply Section 45 PMLA against the applicant.
It was also averred that by virtue
submitted that in any event, the twin limitations contained in
Section 45(1) PMLA do not get attracted to the case of the
petitioners ... Indubitably, the twin limitations for
grant of bail contained in Section 45 PMLA only bring within
their fold the offences under Part
scheduled
offence.
13. The twin conditions laid down u/s 45 PMLA,
2002 in the facts and circumstances of the case are fulfilled ... subject matter was under MCOCA wherein the
provisions similar to Section 45 PMLA, 2002 had been
interpreted and it was held that the Court
satisfies the Triple test for bail and Twin
conditions under Section 45 PMLA and is therefore entitled to bail.
II. APPLICANT NOT NAMED ... PROVISO TO
SECTION 45
29. It is contended that the Applicant is a woman and the first proviso
to Section 45 PMLA permits bail
PRECEDENTS......................20
GRANT OF BAIL IN CASES UNDER PMLA............................22
Section 45 of PMLA................................................................................ 22
Judicial Precedents: Mandatory Twin Conditions ............................... 23
Section 45 of PMLA ... Zeeshan Haider, for offences punishable
under Sections 44 read with Section 45 of PMLA. Details of the same
are summarized hereunder:
i. As alleged
likely to commit any offence while on bail.
45. Secondly, Section 45(2) of the PMLA provides that the limitations on
the grant of bail ... PMLA matters. The relevant paragraphs are
as under:
"... Section 45 PMLA -- Contours
10. Considering that the present is a bail application for the
offence
under PMLA offences. The
relevant paragraphs are as under:
" Section 45 PMLA -- Contours
10. Considering that the present is a bail application ... offence under Section 45 PMLA, the twin conditions mentioned
thereof become relevant. Section 45(1) PMLA reads as under:
"45. Offences to be cognizable
