scheduled
offence.
13. The twin conditions laid down u/s 45 PMLA,
2002 in the facts and circumstances of the case are fulfilled ... subject matter was under MCOCA wherein the
provisions similar to Section 45 PMLA, 2002 had been
interpreted and it was held that the Court
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
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
rigour of law discussed therein and the conditions
stipulated in Section 45 PMLA. It is submitted that the exemption
of the petitioners from personal attendance ... PMLA. In other words, release of the person accused of an
offence under the PMLA shall be subject to Section 45. But before
release
placed their respective contentions and
also filed detailed written submissions.
SECTION 45 PMLA-CONTOURS
11. Considering that the present is a bail application ... offence
under Section 45 of PMLA, the twin conditions mentioned thereof
become relevant. Section 45(1) of PMLA reads as under:-
“45. Offences
Avenue Courts, against the applicant and
others under Sections 44 and 45 of PMLA.
3. The allegations in the complaint were that Satish Kumar ... thus
entitled to the benefit of Proviso to Section 45 of PMLA, which carves out
an exception to the applicability of the twin conditions
even under UAPA wherein twin conditions similar to
those in Section 45 of PMLA exist. In State of Kerala v. Raneef ... read into Section
439 Cr.P.C. and Section 45 PMLA. Court is also conscious of the settled
legal position that at the stage
aspect of twin conditions under Section 45 PMLA, it is sated
that the same are pari materia to Section 212(6) of the Companies ... statutory bar in Section 45 of the Act by holding as
follows:-
11....All that Section 45 of PMLA mentions is that certain conditions
CASES OF MONEY
LAUNDERING ........................................................................................ 13
I. MANDATORY TWIN CONDITIONS UNDER SECTION 45 OF
PMLA: JUDICIAL PRECEDENTS ................................................. 14
ANALYSIS & FINDINGS ...................................................................... 18
I. EVIDENCE AGAINST ... applicant is guilty of such offence. However, the
rigours of Section 45 of PMLA do not come into the picture for the
grant of bail
