which he unequivocally retracted.
21. On 27.08.2025 Prosecution Complaint under Section 45 of PMLA
was filed before the Ld. Trial Court. The Applicant moved Bail ... Kanhaiya Prasad , 2025 SCC OnLine SC 306 had held
that Section 45 PMLA starting with the non-obstante clause has an
overriding effect
offence under money
laundering and that the conditions under Section 45 of PMLA have been met
in the case of the co-Accused persons ... ARORA
Signing Date:16.02.2026
15:36:01
twin conditions under Section 45 PMLA are satisfied. Without satisfaction
of Section 45 , bail cannot be granted regardless
been contested on the
ground that the twin conditions of Section 45 of PMLA, 2002 have not been
satisfied.
58. It is submitted that ... twin conditions under Section 45 of PMLA,
2002 are necessarily required to be satisfied for consideration of bail under
PMLA, 2002, for which, reliance
registered.
The Respondent filed the Complaint under Section 44 read with 45 PMLA in
this ECIR in the Court. The Applicant was not arrayed ... reaffirmed the aforesaid principles. It is now well
settled that Section 45 PMLA by imposing "twin conditions", does not
rewrite the aforesaid principles
discussed that
while granting the Bail under Section 45 PMLA the provision of PMLA
would apply when a person has derived or obtained the property ... asserted that there
are twin conditions as laid in the Section 45 PMLA as well as the triple test
doctrine, which has to be satisfied
determined as a witness to the
complaint under Section 45 PMLA filed against the accused persons and in
all his subsequent statements recorded under Section ... report/complaint under Section 45 PMLA, statement under Section 50(2)
PMLA cannot be recorded. Section 50(2) PMLA is a special provision for
conduct
determined as a witness to the
complaint under Section 45 PMLA filed against the accused persons and in
all his subsequent statements recorded under Section ... report/complaint under Section 45 PMLA, statement under Section 50(2)
PMLA cannot be recorded. Section 50(2) PMLA is a special provision for
conduct
determined as a witness to the
complaint under Section 45 PMLA filed against the accused persons and in
all his subsequent statements recorded under Section ... report/complaint under Section 45 PMLA, statement under Section 50(2)
PMLA cannot be recorded. Section 50(2) PMLA is a special provision for
conduct
twin test is carved out
under the proviso of Section 45(1) PMLA, 2002 which is as under:
"...Provided that a person ... failed to satisfy the twin conditions as laid down under
Section 45 PMLA, 2002 and does not fall under the proviso.
20. It is submitted
failed to satisfy the twin conditions as laid down
under Section 45 of PMLA, 2002. He is a highly influential individual and
is accused ... even argued that the mandatory twin conditions u/s 45 PMLA, 2002 are
satisfied on the facts of his case and has merely placed reliance
