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
other aspects
of the matter are concerned.
24. As per section 45 of PMLA, while considering grant of
bail to accused, the court ... said
proceedings.
16. On perusal of the complaint lodged under Section 45
PMLA, it reveals that serious and grave allegations have been
leveled against
laid down thus:
“26. The learned Solicitor General submitted that
Section 45 of PMLA refers only to the term “Special
Court” and therefore ... Section 44 of the
PMLA only confers jurisdiction on the Special Court
to deal with offences under the PMLA. Section 45 of
PMLA makes
under Sections 3 & 4 of the PMLA. Complaint under
Section 45 PMLA has already been filed against the petitioner and others
and the learned ... Sushil Kumar Katiyar's case (supra), the complaint
under Section 45 PMLA was filed for commission of offences under
Sections
have been initiated vide PMLA Case
No.3 of 2014 on 19.7.2014 before the Designated Court, PMLA.
Page 6 of 45
HC-NIC Page ... Section 45 of the Act which starts with
non obstante clause, indicates that the provisions laid down in
Section 45 of the PMLA will have
Section 45 of the Act which starts with non obstante
clause, indicates that the provisions laid down in Section 45 of the
PMLA will have ... petitioner that rigors in grant of Bail contained in
Section 45(1) of PMLA extends to all the offences
mentioned in such amended Part
7970/2017 JUDGMENT
this Act. Therefore, the conditions enumerated in Section 45 of
PMLA will have to be complied with even in respect ... provisions of this Act. Therefore, the
conditions enumerated in Section 45 of PMLA will have to be
complied with even in respect of an application
with certain
improvements or modifications in terms of Sections 44 and 45
PMLA, the remedies in the nature of appeal and revision being
guided ... contained in
Section 45 . Prior to the said amendment Section 45 (1)(a) declared
that every offence punishable under the law (PMLA) "shall
bail by the Court in view of the
amendment of section 45 PMLA - making it a non-cognizable offence. The
Division Bench in Gurucharan Singh ... governed by the stipulations laid down by
Section 45 of the Act. Section 45 of PMLA reads as follows:
45. Offences to be cognizable
merit, it is
to be considered whether the provisions of Section 45 of PMLA are
binding on the High Court while considering the application ... offence while on bail.
30. The conditions specified under Section 45 of PMLA are
mandatory and needs to be complied with, which is further
strengthened
