PMLA matters. The relevant paragraphs are
as under:
" Section 45 PMLA -- Contours
10. Considering that the present is a bail application for the
offence ... under Section 45 PMLA, the twin conditions mentioned
thereof become relevant. Section 45(1) PMLA reads as under:
"45. Offences to be cognizable
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
under PMLA offences. The
relevant paragraphs are as under:
" Section 45 PMLA -- Contours
10. Considering that the present is a bail application ... offence under Section 45 PMLA, the twin conditions mentioned
thereof become relevant. Section 45(1) PMLA reads as under:
"45. Offences to be cognizable
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
learned ASG
that since the conditions as provided under
Section 45 of the PMLA are not satisfied, the
appellant is not entitled to grant ... right to bail will have to be read into Section
45 of PMLA.
11
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39. A Division Bench of this Court
denied by applying the mandatory twin conditions
under Section 45 of the PMLA. Reliance is placed on Vijay Madanlal
Choudhary & Ors v Union ... Further, as per the plain language of proviso to Section 45(1) of
PMLA, which reads as "...is accused either
denied by applying the mandatory twin conditions
under Section 45 of the PMLA. Reliance is placed on Vijay Madanlal
Choudhary & Ors v Union ... Further, as per the plain language of proviso to Section 45(1) of
PMLA, which reads as "...is accused either
this
Court categorically held that while Section 45 PMLA restricts the right
of the accused to grant of bail, it could not be said that ... rule and jail is exception."
12. All that Section 45 PMLA mentions is that certain conditions are to
be satisfied. The principle that
right to bail will have to be read into Section
45 of PMLA.
XXXX XXXX XXXX
39. A Division Bench of this Court ... applicant satisfies
the twin conditions under Section 45 of the pMLa. Section 45 of the
PMLA is not even applicable in the instant case given
45,000/- which is significantly below the threshold limit of Rs. 1 Crore as
prescribed under the proviso to Section 45 of the PMLA. Consequently ... twin conditions under the main provision of Section 45 of the
PMLA are not applicable and the applicant is entitled to bail under the
relaxed
