this Act" are added to sub- Section (1) of Section 45 of
PMLA. However, the original ... Section 45(1) (ii) has not been
revived or resurrected by Amending Act . Even notification
dated 29.03.2018 amending Section 45(1) of PMLA which
right to
bail will have to be read into Section 45 of PMLA.
***
39. In the light of the specific observations of this Court ... present is a bail application
for the offence under Section 45 of PMLA, the twin
conditions mentioned thereof become relevant. Section
45(1) of PMLA
this Act" are added to sub- Section (1) of Section 45 of
PMLA. However, the original ... Section 45(1) (ii) has not been
revived or resurrected by Amending Act . Even notification
dated 29.03.2018 amending Section 45(1) of PMLA which
came
this Act" are added to sub- Section (1) of Section 45 of
PMLA. However, the original ... Section 45(1) (ii) has not been
revived or resurrected by Amending Act . Even notification
dated 29.03.2018 amending Section 45(1) of PMLA which
came
aged lady, being aged 61 years, and
that Section 45 of PMLA 2002, in any case, does carve out an
exception in case ... such person is named in the original complaint;
(v) that Section 45 of PMLA 2002 imposes a bar against grant of bail
unless the Court
this Act" are added to sub- Section (1) of Section 45 of
PMLA. However, the original ... Section 45(1) (ii) has not been
revived or resurrected by Amending Act . Even notification
dated 29.03.2018 amending Section 45(1) of PMLA which
here be mentioned that the constitutional validity of provisions of
section 45 PMLA 2002, imposing the twin conditions for grant of bail,
which were also ... there before amendment of section 45 PMLA in 2018, was
questioned before Hon'ble the Supreme Court in Nikesh Tarachand Shah vs.
Union
petitioner.
2 (m). That the proviso of Section 45 of the PMLA carves out an
exception to the rigours of twin conditions under Section 45 ... failed to satisfy the mandatory
criteria laid down in Section 45 of the PMLA as he could not prima
facie prove his innocence
Directorate , 2025 SCC Online SC
1291, holding that conditions under Section 45 PMLA cannot override the
constitutional safeguards, and prolonged incarceration cannot be permitted ... entitled to bail without complying with the mandatory requirements under
Section 45 PMLA. Gravity of offence is also a relevant factor in considering
grant
anticipatory bail, but the twin conditions as imposed by Section 45 of the
PMLA are applicable with full fervour, particularly in view of ratio ... grant of bail,
which were also there before amendment of Section 45 PMLA in 2018, was
questioned before Hon'ble the Supreme Court
