S.45 PMLA: Twin Conditions For Bail That Were Declared Unconstitutional By SC Stand Revived By 2018 Amendment Act: Bombay High Court
3 years, 1 month ago

S.45 PMLA: Twin Conditions For Bail That Were Declared Unconstitutional By SC Stand Revived By 2018 Amendment Act: Bombay High Court

Live Law  

In a recent case, a two-judge bench of the Bombay High Court noted that the twin conditions for bail in section 45 of the Prevention of Money Laundering Act, 2002 which were declared unconstitutional by the judgment of the Apex Court in Nikesh T.Shah Vs. Union of India 11 SCC 1, stand revived in view of the Legislative intervention vide Amendment Act 13 of 2018. The Question referred to the Division Bench was: "Whether the twin conditions in section 45 of the 2002 Act, which was declared unconstitutional by the judgment of the Apex Court in Nikesh T.Shah Vs. Union of India 11 SCC 1, stand revived in view of the Legislative intervention vide Amendment Act 13 of 2018?" In Sameer Bhujbal, the Bombay High Court had expressed that even after amendment original section 45 has neither been revived or resurrected by the Amending Act. In view of that, we answer the reference by stating that the twin conditions in section 45 of the 2002 Act, which was declared unconstitutional by the judgment of the Apex Court in Nikesh T.Shah Vs. Union of India 11 SCC 1, stand revived in view of the Legislative intervention vide Amendment Act 13 of 2018. "

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History of this topic

Accused's Rights Under Article 21 Prevail Over Restrictions On Grant Of Bail Under NDPS Act: Delhi High Court
2 months ago

Accused's Rights Under Article 21 Prevail Over Restrictions On Grant Of Bail Under NDPS Act: Delhi High Court

Live Law  

The Delhi High Court has observed that the rights of an accused enshrined under Article 21 of the Constitution of India prevail over the restrictions on grant of bail mentioned under Section 37 of the Narcotic Drugs And Psychotropic Substances Act, 1985. “I am of the view that the restrictions given under section 37 of NDPS Act cannot take precedence …

Delhi court gives bail to MCOCA accused, says twin riders for relief fulfilled
2 months ago

Delhi court gives bail to MCOCA accused, says twin riders for relief fulfilled

Hindustan Times  

New Delhi, A Delhi court has granted bail to a man charged under Maharashtra Control of Organised Crime Act for allegedly being part of a notorious gang, saying he fulfilled the twin conditions for the relief. Delhi court gives bail to MCOCA accused, says twin riders for relief fulfilled According to provisions of the MCOCA, bail can only be granted …

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC
3 months, 2 weeks ago

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC

Live Law  

The Calcutta High Court has granted bail to a man being investigated by the Enforcement Directorate under the PMLA for allegedly running a fake call centre and promising services to victims in exchange for money, which were never delivered. Seeking release of the petitioner on bail, learned counsel for the petitioner submitted that by virtue of a leave and licence …

Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court
3 months, 3 weeks ago

Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court

Live Law  

Criticising the growing trend of directly approaching the High Court for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 the Jammu and Kashmir and Ladakh High Court has observed that bypassing the trial courts in such matters not only burdens the High Court but also disregards the legal protocol, where such petitions should typically be first addressed …

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
3 months, 3 weeks ago

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials

Live Law  

The Supreme Court on Monday granted bail to a man accused of counterfeiting currency who had been incarcerated for two years and six months invoking the principle that “bail is the rule and jail is the exception.” “Appellant has undergone incarceration for a period of two and a half years. After rejecting the prayer for bail the courts cannot provide …

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
5 months ago

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant

Live Law  

The Allahabad High Court has ruled that there is no 'absolute prohibition' against considering an application for anticipatory bail filed by an accused facing an arrest warrant or proclamation under Section 82 CrPC. The court is empowered to consider the merits of the case in extremely exceptional cases in the interest of justice.

Court Rules in Favor of Jain, Striking Down PMLA Conditions
5 months ago

Court Rules in Favor of Jain, Striking Down PMLA Conditions

The Hindu  

A Delhi court has granted bail to Aam Aadmi Party (AAP) leader and former Health Minister Satyendar Jain on Friday. The relief granted under Article 21 (right to life and personal liberty) of the Constitution is superior to the twin conditions under Section 45 of the Prevention of Money Laundering Act (PMLA). The court said that the arguments advanced by …

A wave of SC verdicts declaw PMLA’s stringent bail provision
6 months, 3 weeks ago

A wave of SC verdicts declaw PMLA’s stringent bail provision

The Hindu  

A wave of Supreme Court judgments has seen the declawing of a stringent bail provision under the Prevention of Money Laundering Act while emphasising that liberty is the rule while jail is an exception. Justice Viswanathan, while granting bail to Jharkhand Chief Minister Hemant Soren’s aide Prem Prakash bail under the PMLA, explained that Section 45 cannot be used to …

ED uses Arvind Kejriwal case to push for stringent checks on grant of interim bail
9 months, 3 weeks ago

ED uses Arvind Kejriwal case to push for stringent checks on grant of interim bail

The Hindu  

The Directorate of Enforcement has used Delhi Chief Minister Arvind Kejriwal’s plea for liberty to pitch hard for stringent checks and balances on the grant of interim medical bail to accused facing money laundering charges, saying only a case of intolerable grief and suffering should justify temporary release. Mr. Kejriwal surrendered before Tihar Jail authorities on June 2, 22 days …

PMLA | Are Sec.45 Bail Conditions Applicable To Accused Who Appears Before Court As Per Summons? Supreme Court Reserves Judgment
10 months, 3 weeks ago

PMLA | Are Sec.45 Bail Conditions Applicable To Accused Who Appears Before Court As Per Summons? Supreme Court Reserves Judgment

Live Law  

The Supreme Court on Tuesday reserved the Judgment on the issue whether an accused in a money laundering case is required to fulfil the twin conditions for bail under Section 45 of the Prevention of Money Laundering Act when he executes a bond for appearance before the Special Court in pursuance of a summons issued to him.The Bench comprising Justices …

[S. 45 PMLA] Twin Conditions For Bail Not Required To Be Fulfilled When Release In Police Custody Ordered: Punjab & Haryana High Court
11 months, 3 weeks ago

[S. 45 PMLA] Twin Conditions For Bail Not Required To Be Fulfilled When Release In Police Custody Ordered: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court made it clear that the twin condition under Section 45 of the Prevention of Money Laundering Act, is not required to be complied with when the Court has ordered release in police custody.According to Section 45 of the PMLA, bail can be granted to an accused in a money laundering case only if twin …

No bail for Senthilbalaji, Madras High Court dismisses his plea
1 year ago

No bail for Senthilbalaji, Madras High Court dismisses his plea

The Hindu  

The Madras High Court on Wednesday, February 28, 2024, refused to grant bail to former Tamil Nadu Minister V. Senthilbalaji in a money laundering case, in which he was arrested by the Directorate of Enforcement on June 14 last year, after observing that he continues to wield a lot of influence on the State government. Justice N. Anand Venkatesh dismissed …

Supreme Court Half Yearly Bail Digest 2023
1 year, 7 months ago

Supreme Court Half Yearly Bail Digest 2023

Live Law  

Accused cannot be denied bail on the sole ground that the co-accused has not surrendered. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw 37 : AIR 2023 SC 457 : 4 SCC 253 : 1 SCR 741 : 2023 INSC 44 Code of Criminal Procedure, 1973; Proviso to Section 167 - Grant of Default Bail …

Rana Kapoor Bail: HC Order is Welcome, But PMLA's Twin Conditions Still an Issue
2 years, 1 month ago

Rana Kapoor Bail: HC Order is Welcome, But PMLA's Twin Conditions Still an Issue

The Quint  

This is a positive step for protection of liberty of accused and also to avoid clogging of jails with PMLA undertrials. However, the arbitrary burden of the twin conditions still applies in case of bail applicants who were arrested at any time during investigation. The Calcutta High Court in its recent judgment of ED v. Debarata Halder cancelled bail granted …

[NDPS Act] Can Bail Be Granted In View Of Custody Period Without Satisfying Twin Conditions When Commercial Quantity Is Recovered? P&H HC Larger Bench To Decide
2 years, 3 months ago

[NDPS Act] Can Bail Be Granted In View Of Custody Period Without Satisfying Twin Conditions When Commercial Quantity Is Recovered? P&H HC Larger Bench To Decide

Live Law  

Taking note of the contradictory views of co-ordinate benches on applicability of Section 37 of NDPS Act in bail matters where accused booked for possession of commercial quantity have been in custody for a long duration, a single bench of Punjab and Haryana High Court has referred the matter to the Chief Justice for constitution of a larger bench. "In …

Bail Can't Be Cancelled Without Giving Notice To Accused, Giving Him An Opportunity Of Being Heard: Allahabad High Court
2 years, 5 months ago

Bail Can't Be Cancelled Without Giving Notice To Accused, Giving Him An Opportunity Of Being Heard: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that the cancellation of bail cannot be done without giving notice to the accused and giving him an opportunity of being heard. With this, the bench of Justice Ajai Kumar Srivastava-I sets aside the order of the Sessions Judge, Raebareli cancelling the bail granted earlier to Rajendra Kumar and 2 others in connection with …

SC Agrees To Review Aspects of PMLA Judgment: Law, Background & What To Expect?
2 years, 6 months ago

SC Agrees To Review Aspects of PMLA Judgment: Law, Background & What To Expect?

The Quint  

And what about other aspects of the judgment? However, Section 24 of PMLA casts the burden of proving guilt on to the accused instead of ED. However, with the upholding of twin conditions under Section 45 of PMLA, getting bail under PMLA would become an even more difficult task. Finally, the effect and application of the judgment of the Supreme …

Explained | Has bail under PMLA become near-impossible?
2 years, 7 months ago

Explained | Has bail under PMLA become near-impossible?

The Hindu  

The story so far: Recently, the Supreme Court in the case of Vijay Madanlal Chaudhary vs Union of India gave the judicial stamp of approval to the twin conditions of bail under Section 45 of the Prevention of Money Laundering Act, 2002. In the case of Nikesh Tarachand Shah vs Union of India, however, the Court differentiated between the wordings …

PMLA verdict to open floodgates for court petitions across country
2 years, 7 months ago

PMLA verdict to open floodgates for court petitions across country

India Today  

With the Supreme Court upholding the provisions of the Prevention of Money Laundering Act and the wide-ranging powers given to the Enforcement Directorate under this special law, several high-profile cases that have been stalled at various stages of investigation will soon pick up pace. Speaking to India Today, Advocate Ashish Dixit said, “Getting bail now after the Supreme Court’s affirmation …

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC
2 years, 9 months ago

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that although Section 438 of the CrPC gives concurrent jurisdiction to High Court and Sessions Court to consider an anticipatory bail application of an accused yet, as a matter of ordinary practice, High Court does not entertain such applications unless the person apprehending arrest has exhausted the remedy before the …

S.45 PMLA: Twin Conditions For Bail Declared Unconstitutional By SC Stand Revived By 2018 Amendment Act: Jharkhand High Court
2 years, 10 months ago

S.45 PMLA: Twin Conditions For Bail Declared Unconstitutional By SC Stand Revived By 2018 Amendment Act: Jharkhand High Court

Live Law  

The Jharkhand High Court recently observed that twin conditions for bail under Section 45 of the Prevention of Money Laundering Act, 2002 that were declared unconstitutional by the Supreme Court in the case of Nikesh Tarachand Shah v. Union of India, stand revived on account of the defects purportedly being cured by the Parliament by way of 2018 Amendment Act. …

PMLA : Supreme Court Rejects Challenge Against Madras HC Decision That 2018 Amendment Revived Twin Conditions For Bail Under Section 45
3 years ago

PMLA : Supreme Court Rejects Challenge Against Madras HC Decision That 2018 Amendment Revived Twin Conditions For Bail Under Section 45

Live Law  

The 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 …

PMLA Interpretation - 2018 Amendment Has Revived The Twin Conditions For Bail Which Were Struck Down : Solicitor General Tells Supreme Court
3 years ago

PMLA Interpretation - 2018 Amendment Has Revived The Twin Conditions For Bail Which Were Struck Down : Solicitor General Tells Supreme Court

Live Law  

The Supreme Court on Tuesday resumed hearing the string of petitions challenging the constitutionality of several provisions of the PMLA Act. The SG continuned to submit, "The argument in Nikesh Tarachand was based only on the fact that what attracts the twin conditions is 3 years or more imprisonment for Part A scheduled offences. Justice C. T. Ravikumar indicated the …

Bail Under PMLA 2002: The Post Amendment Scenario
3 years, 8 months ago

Bail Under PMLA 2002: The Post Amendment Scenario

Live Law  

Prevention of Money Laundering Act, 2002 is special statute enacted with the avowed object to prevent money-laundering and deal with this serious threat to the Indian financial system. Offences to be cognizable and non-bailable.— Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no person accused of an offence punishable for a term of imprisonment of more than three …

For The One Last Time, SC Grants UP Govt 6 Weeks More To Decide On Criminal Procedure (UP) Amendment Bill 2010
7 years ago

For The One Last Time, SC Grants UP Govt 6 Weeks More To Decide On Criminal Procedure (UP) Amendment Bill 2010

Live Law  

The Uttar Pradesh government on Friday sought more time from the Supreme Court to take a decision on the Bill related to the issue of inclusion of anticipatory bail provision in the state.A bench of Justice SA Bobde and Justice LN Rao granted six-week time to the Yogi Adityanath government to take a decision whether to place or not the …

Breaking: S.45(1) Of Prevention of Money Laundering Act, 2002 So Far As It Imposes 2 Further Conditions For Bail Unconstitutional: SC
7 years, 4 months ago

Breaking: S.45(1) Of Prevention of Money Laundering Act, 2002 So Far As It Imposes 2 Further Conditions For Bail Unconstitutional: SC

Live Law  

A two Judge Bench of the Supreme Court on Thursday held that Section 45 of the Prevention of Money Laundering Act, 2002, insofar as it imposes two further conditions for release on bail, is unconstitutional as it violates Articles 14 and 21 of the Constitution of India.The Bench of Justices RF Nariman and SK Kaul was hearing writ petitions and …

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