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
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
failing to meet the test in the second part of Section 45 PMLA, as it is
evident that the applicant is likely to commit ... 2024, he has failed to satisfy the second
part of Section 45 PMLA, which states that the accused is not likely to
commit any offence
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
strictly decided in terms of the
mandatory twin conditions under Section 45 of PMLA which
prescribes that an accused may be released on bail only ... laundering has to satisfy the twin test
laid down under Section 45 of PMLA.
B. He stated that bail should be granted sparingly and with
purpose of appreciating as to
whether the twin condition under Section 45 PMLA are met or not
Signature Not Verified BAIL APPLN. 1739/2024 ... PMLA: The Twin Test
52. Insofar as the offence of money laundering, under Section 3
and 4 of PMLA, is concerned, Section 45
