said burden. In view of twin conditions under Section 45 (1) of
PMLA, which has been amended after the decision of Apex Court
applicant ... invocation of emergency provision of second
proviso of PMLA. For the reason discussed the flat No.45, CCI Chambers
held in the name of Deepak
entitled to be
released on bail in view of Section 45 of the PMLA. Mr. Venegavkar,
learned PP for Respondent- ED has relied ... Applicant is entitled to be released on bail.
11. Section 45 of the PMLA Act concerning grant of baiul in the
PMLA offences
woman or under 16 years of age. Relevant part of Section 45 of PMLA reads as
under :
"45. Offences to be cognizable ... punishable under PMLA is fairly crystalized. Sub-section (1)
of Section 45 of PMLA contains an interdict against the grant of bail to a person
infirm and, therefore, covered by the
first proviso to section 45 of PMLA, a detailed reference to the facts
is not warranted. Suffice ... seek the benefit of the
exception in the proviso to section 45(1) PMLA and
vice-versa.
47] Mere old age does not make
infirm and, therefore, covered by the
first proviso to section 45 of PMLA, a detailed reference to the facts
is not warranted. Suffice ... seek the benefit of the
exception in the proviso to section 45(1) PMLA and
vice-versa.
47] Mere old age does not make
lost its' signifcance because of
amendment in Section 45 of the PMLA Act. Mr. Singh, learned
ASG vehemently submitted that, twin conditions ... held that, "amended Section
45 , would not revive twin conditions as imposed in Section 45(1)
of the PMLA Act and would not have
while considering the twin tests of Section 45(2) of
PMLA consider the broad probabilities of the case, and in
the present case the same ... sustained."
13. Turning to the next decision dealing with Section 45 of
PMLA, when it comes to the question of grant or refusal
emphasize that the findings
as contemplated in Section 45 of PMLA 2002 are required to be
recorded only for the purpose of arriving ... 45(1) carves out an exception from
the rigors of Sections 45 for persons who are sick or infirm.
29. The mandate of Section 45
that the twin conditions for grant of bail,
envisaged by Section 45 of PMLA, have been satisfied by the Applicant. Therefore,
the interdict contained ... Applicant by resorting to the 1st proviso to Section 45 of PMLA.
16. Per contra, Mr. Anil Singh, learned Additional Solicitor General,
submitted that
reading of twin limitations for grant of bail into
Section 45(1) of PMLA vide Section 208(e)(i) of Finance ... that the insertion of Explanation after sub-section (2) of
Section 45 of PMLA vide Section 200 of the Finance
