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Vijay Madanlal Choudhary vs Union Of India on 27 July, 2022

21. The fetter imposed by Section 45 of the PMLA in the matter of grant of bail, having been restored, as is evident from the judgments referred to above and also that the said fetters are equally applicable while considering grant of anticipatory bail, it goes without saying that the twin conditions as regards the Courts satisfaction that there are reasonable grounds for believing that KAMAL KUMAR 2022.12.23 15:31 I attest to the accuracy and authenticity of this document 15 CRM-M-56737-2022 (O&M) the accused is not guilty and also that the accused, if granted bail is not likely to commit similar offence again is sine-qua-non in the matter of grant of bail. Rather, the said conditions are required to be applied more strictly in a case of anticipatory bail than in a case of regular bail where petitioner has already been subjected to custodial interrogation undisputedly as custodial interrogation is more elicitive. The present case where a huge part of "proceeds of crime" is yet to be recovered, the custodial interrogation is infact indispensable.
Supreme Court of India Cites 580 - Cited by 293 - A M Khanwilkar - Full Document
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