PMLA : Supreme Court Rejects Challenge Against Madras HC Decision That 2018 Amendment Revived Twin Conditions For Bail Under Section 45
Live LawThe Supreme Court recently dismissed a special leave petition assailing the order of the Madras High Court, whereby the Directors of a company were denied bail, inter alia, upholding the presumption of constitutionality of Section 45 and the twin conditions therein, as amended by the Finance Act, 2018. Notwithstanding contained in the Code of Criminal Procedure, 1973, no person accused of an offence punishable for a term of imprisonment of more than three years under Part A of the Schedule shall be released on bail or on his own bond unless- the Public Prosecutor has been given an opportunity to oppose the application for such release; and where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to Provided that a person, who, is under the age of sixteen there are reasonable grounds for years, or is a woman oris sick or infirm, may be released on bail, if the Special Court so directs: Section 45. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no person accused of an offence under this Act shall be released on bail or on his own bond unless- the Public Prosecutor has been given an opportunity to oppose the application for such release; and where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail; Provided that a person, who, is under the age of sixteen there are reasonable grounds for years, or is a woman or is sick or infirm, or is a woman or is sick or infirm, or is accused either on his own or along with other co-accused of money laundering a sum of less than one crore rupees may be released on bail, if the Special court so directs: Contention raised by the appellants before the High Court Advocate, Mr. R. Jayaprakash, appearing on behalf of the appellants, submitted that since the investigation was complete and the complaint had been filed, there was no scope of tampering with evidence; threatening witnesses and urged that in light of the same bail be granted. "In the Judgment reported in 2018 SCC-1, the Apex Court declared Section 45 of the PMLA as it stood then, as unconstitutional and violative of Articles 14 and 21 of the Constitution of India, but the defects pointed out by the Hon'ble Supreme Court in the said Judgment were cured by the legislature and an amendment to section 45 was made vide the Finance Act, 2018.
History of this topic
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