PMLA | Are Sec.45 Bail Conditions Applicable To Accused Who Appears Before Court As Per Summons? Supreme Court Reserves Judgment
10 months, 4 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 Abhay S. Oka and. 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. If pursuant to the summons issued by the Special Court, the accused appears before the Special Court, whether he is required to apply for bail in terms of Section 437 CrPC? for securing its presence in the court, then the bond executed under Section 88 wouldn't be treated as a bail to attract the twin conditions under Section 45 PMLA.

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History of this topic

Custody Of Two Years and Four Months The New Norm For Bail In PMLA Cases?
1 week, 2 days ago

Custody Of Two Years and Four Months The New Norm For Bail In PMLA Cases?

Live Law  

Bail in cases registered under the Prevention of Money Laundering Act, 2002 is granted under Section 45 of the Act which requires two conditions to be satisfied. Section 479 BNSS and PMLA Existence of a scheduled/predicate offence is a pre-requisite for the offence of money laundering, as has been clarified by the Supreme Court in multiple cases, including in the …

Supreme Court adjourns hearing on plea challenging constitutional validity of PMLA Act
3 weeks, 1 day ago

Supreme Court adjourns hearing on plea challenging constitutional validity of PMLA Act

India TV News  

Supreme Court adjourns hearing on plea challenging constitutional validity of PMLA Act The Court was dealing with a review plea filed by Congress MP Karti Chidambaram that challenged a July 2022 judgment of the Supreme Court, which had upheld various provisions of the PMLA. The Supreme Court on Thursday adjourned a hearing on a plea that challenged the constitutional validity …

Legislature Must Relax Rigid Conditions U/S 45 PMLA To Allow Room For Bail Determination On Case-By-Case Basis: Chhattisgarh HC
3 weeks, 3 days ago

Legislature Must Relax Rigid Conditions U/S 45 PMLA To Allow Room For Bail Determination On Case-By-Case Basis: Chhattisgarh HC

Live Law  

In a significant observation, the Chhattisgarh High Court has said that in the interest of upholding the fundamental rights of the citizens, the legislature must relax the 'rigid' twin conditions under Section 45 of Prevention of Money Laundering Act to provide 'wiggle room' to the courts to determine bail on a more case-to-case basis. Nevertheless, the court should also recognize …

[NDPS Act] Bar On Bail U/S 37 Can Be Relaxed When Contraband 'Marginally' Above Commercial Quantity: Punjab & Haryana High Court
3 weeks, 4 days ago

[NDPS Act] Bar On Bail U/S 37 Can Be Relaxed When Contraband 'Marginally' Above Commercial Quantity: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the bar on granting bail in case of commercial quantity under Section 37 of the NDPS Act can be relaxed when the alleged recovered contraband is "marginally above" the commercial quantity.Section 37 of the NDPS Act states that bail should not be granted to an accused unless the accused is able …

Money Laundering Serious Offence, Courts Can't Grant Bail Casually Without Considering S.45 PMLA Conditions : Supreme Court
1 month, 2 weeks ago

Money Laundering Serious Offence, Courts Can't Grant Bail Casually Without Considering S.45 PMLA Conditions : Supreme Court

Live Law  

The Supreme Court today set aside the bail granted to the individual accused of committing money laundering after noting that the High Court failed to satisfy the twin conditions stipulated under Section 45 of the Prevention of Money Laundering Act, 2002.The Court reiterated that the conditions enumerated in Section 45 will have to be complied with even in respect. The …

PMLA Accused Can't Be Kept In Custody If Order Taking Cognizance Of ED Complaint Has Been Quashed : Supreme Court
1 month, 2 weeks ago

PMLA Accused Can't Be Kept In Custody If Order Taking Cognizance Of ED Complaint Has Been Quashed : Supreme Court

Live Law  

The Supreme Court on Wednesday granted bail to an accused in a case under the Prevention of Money Laundering Act after noting that the order taking cognizance of the prosecution complaint filed by the Enforcement Directorate has been quashed. The Court questioned the ED for continuing the custody of the accused, who has been in custody since August 2024, after …

'Not A Minor Offence, Part Of Crime Syndicate': Delhi HC Denies Bail To PMLA Accused Booked For Supplying Spurious Anti-Cancer Medicines
1 month, 4 weeks ago

'Not A Minor Offence, Part Of Crime Syndicate': Delhi HC Denies Bail To PMLA Accused Booked For Supplying Spurious Anti-Cancer Medicines

Live Law  

The Delhi High Court has recently denied bail to an accused/applicant booked under the Prevention of Money Laundering Act, 2002 for his alleged involvement in the illegal procurement of empty vials and raw materials of anti-cancer drugs. The Court noted that the applicant cannot claim the benefit of the monetary threshold exemption under the proviso to Section 45 of the …

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 …

SC raps govt, ED for efforts to deny bail in PMLA cases
2 months, 1 week ago

SC raps govt, ED for efforts to deny bail in PMLA cases

Hindustan Times  

The Supreme Court on Wednesday rebuked the Union government and the Enforcement Directorate, condemning their “consistent efforts” to deny bail and prolong incarceration under the Prevention of Money Laundering Act “by hook or by crook”. A bench of justices Abhay S Oka and Ujjal Bhuyan termed such an approach “unacceptable” and underscored that the Union’s submissions in court, which went …

Bail In Marital Disputes Can't Be Conditional On Payment Of Maintenance : Supreme Court
2 months, 1 week ago

Bail In Marital Disputes Can't Be Conditional On Payment Of Maintenance : Supreme Court

Live Law  

In a case arising out of a matrimonial dispute, the Supreme Court recently set aside a bail condition making the husband's anticipatory bail subject to payment of maintenance to the wife. While granting anticipatory bail, the High Court, in view of appellant's willingness to pay maintenance to the complainant-wife, imposed a condition that Rs.4000/- shall be deposited by him in …

Grant Of Bail Must Be Subject To Embargo In Special Enactments : Supreme Court Sets Aside Bail Of MCOCA Accused
2 months, 3 weeks ago

Grant Of Bail Must Be Subject To Embargo In Special Enactments : Supreme Court Sets Aside Bail Of MCOCA Accused

Live Law  

The Supreme Court held that when a special law imposes an embargo on the grant of bail, then the Courts must exercise the power to grant bail subject to the conditions specified under the special provision.While holding so, the bench comprising Justices CT Ravikumar and Sanjay Karol set aside the bail granted to an accused charged under the Maharashtra Control …

'Contrary To Statute' : Supreme Court Pulls Up ED For Arguing That Stringent PMLA Bail Rigours Will Apply To Women
3 months, 1 week ago

'Contrary To Statute' : Supreme Court Pulls Up ED For Arguing That Stringent PMLA Bail Rigours Will Apply To Women

Live Law  

The Supreme Court on Thursday pulled up the counsel representing the Enforcement Directorate for contending that rigorous bail conditions under the Prevention of Money Laundering Act will apply to women. “If submissions are going to be made by Union of India contrary to express statute, we will ask Attorney General to come.We will not countenance such submissions from the Union …

[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 …

Prosecution Can't Commence With Statement Of Co-Accused U/S 50 PMLA: Calcutta HC Grants Bail To Recruitment Scam Accused Sujay Krishna Bhadra
3 months, 3 weeks ago

Prosecution Can't Commence With Statement Of Co-Accused U/S 50 PMLA: Calcutta HC Grants Bail To Recruitment Scam Accused Sujay Krishna Bhadra

Live Law  

The Calcutta High Court has granted bail to recruitment scam accused Sujay Krishna Bhadra. Bhadra's firm was linked with transfer of proceeds of crime to M/S Leaps & Bounds Pvt Ltd, a company linked with AITC MP Abhishek Banerjee.Justice Suvra Ghosh granted bail and held: The case essentially hinges on the statement of the petitioner and the co-accused and recovery …

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents
3 months, 3 weeks ago

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents

Live Law  

The Allahabad High Court recently cancelled anticipatory bail granted to an advocate in an extortion case, noting that he had not mentioned the factum of previous criminal antecedents before the trial court, which granted him the relief. It was his case that the accused had approached the Sessions Court by concealing the factum of criminal antecedents of two previous cases, …

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA
4 months, 1 week ago

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA

Live Law  

The Supreme Court today granted anticipatory bail to Jagannath Temple Priest, Rajkumar Daitapati in relation to PMLA proceedings initiated against him for alleged offence of money laundering. The petitioner, stated to be a generational priest of the Shri Jagannath Temple, Puri, Orrisa has been arrayed in proceedings under S. 3 and 4 of the Prevention for Money Laundering Act 2002. …

After Kejriwal, Supreme Court Grants Interim Bail To Another PMLA Accused For Contesting Elections; Clarifies Order Not To Be Treated As Precedent
4 months, 2 weeks ago

After Kejriwal, Supreme Court Grants Interim Bail To Another PMLA Accused For Contesting Elections; Clarifies Order Not To Be Treated As Precedent

Live Law  

After granting similar relief in Arvind Kejriwal's case, the Supreme Court today granted interim bail to one Subhash Prasad Yadav - accused in a money laundering case - for the purpose of contesting Jharkhand Assembly elections. A bench of Justices Surya Kant and Ujjal Bhuyan passed the order in Yadav's challenge to a Patna High Court order. Apparently, Yadav filed …

High Court Rejects Plea to Grant Bail to Satyendar Jain's Aides in Money Laundering Case
4 months, 4 weeks ago

High Court Rejects Plea to Grant Bail to Satyendar Jain's Aides in Money Laundering Case

Hindustan Times  

Delhi high court grants bail to two aides of Satyendar Jain in the money laundering case. The court finds that the stringent Prevention of Money Laundering Act (PMLA), which imposes restrictions on bail, is not to be used as a 'tool for incarceration' and that the trial would not conclude in a reasonable time.

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, 1 week 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 …

Requirement Of Expeditious Trial Must Be Read Into Special Statutes Imposing Stringent Bail Provisions : Supreme Court
6 months ago

Requirement Of Expeditious Trial Must Be Read Into Special Statutes Imposing Stringent Bail Provisions : Supreme Court

Live Law  

The Supreme Court while granting bail to former Tamil Nadu Minister Senthil Balaji, held that higher thresholds for granting bail in stringent penal statutes like the PMLA, UAPA, and NDPS Act cannot be a tool to keep an accused incarcerated without trial. I t is a well settled principle of our criminal jurisprudence that “bail is the rule, and jail …

PMLA case:Former Punjab minister Ashu forced to withdraw bail plea due to lawyers’ goof up
6 months ago

PMLA case:Former Punjab minister Ashu forced to withdraw bail plea due to lawyers’ goof up

Hindustan Times  

Jalandhar: Former Punjab minister Bharat Bhushan Ashu, who was arrested by Enforcement Directorate in a food grain transportation scam, was left red-faced as he had to withdraw his bail petition after his team of lawyers inadvertently impleaded the state of Punjab as the respondent instead of the central agency. Former Punjab minister Bharat Bhushan Ashu was arrested by the Enforcement …

A wave of SC verdicts declaw PMLA’s stringent bail provision
6 months, 4 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 …

Bail rule, jail exception even in PMLA cases, stresses SC
7 months ago

Bail rule, jail exception even in PMLA cases, stresses SC

Hindustan Times  

The Supreme Court on Wednesday ruled that the principle “bail is the rule, and jail is the exception” applies even in cases under the stringent Prevention of Money Laundering Act, in a decision that seeks to safeguard against the erosion of liberty by overly restrictive interpretations of bail provisions under the harsh law that requires the proof of innocence, and …

'Bail Is Rule, Jail Exception': Supreme Court On Money Laundering Cases
7 months ago

'Bail Is Rule, Jail Exception': Supreme Court On Money Laundering Cases

News 18  

The general principle of law is that the ‘bail is rule and jail is exception’, the Supreme Court observed on Wednesday, adding, that the rule applies even to money laundering cases under the Prevention of Money Laundering Act. The court’s remark came while a bench of Justices BR Gavai and KV Viswanathan was hearing a case involving one Prem Prakash, …

Bail always the norm, even in money laundering cases: SC
7 months ago

Bail always the norm, even in money laundering cases: SC

The Hindu  

The Supreme Court on Wednesday held that bail is the rule and jail is an exception even in money laundering cases. The judgment, authored by Justice Viswanathan, granted relief to Jharkhand Chief Minister Hemant Soren’s aide, Prem Prakash, in an illegal mining-related case registered by the Enforcement Directorate. The court held that Section 45 of the Prevention of Money Laundering …

Right To Bail Should Be Read Into S.45 PMLA When Accused Has Spent Long Time In Custody & There's Delay In Trial : Supreme Court
7 months, 2 weeks ago

Right To Bail Should Be Read Into S.45 PMLA When Accused Has Spent Long Time In Custody & There's Delay In Trial : Supreme Court

Live Law  

While allowing the bail plea of former Delhi Deputy Chief Minister Manish Sisodia in relation to the liquor policy case, the Supreme Court recently observed that in cases where there has been a delay in trial and the accused has spent a long period in custody, right to bail shall be read into Section 439 CrPC and Section 45 of …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
7 months, 3 weeks ago

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence

The Quint  

“If courts ‘cave in’ when great rights are gouged within the sound-proof, sight-proof precincts of prison houses, where, often, dissenters and minorities are caged, Bastilles will be re-enacted. Therefore we affirm that imprisonment does not spell farewell to fundamental rights although, by a realistic re-appraisal, courts will refuse to recognise the full panoply of Part III enjoyed by a free …

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 …

Supreme Court Grants Interim Bail To PMLA Accused As Chargesheet Dropped Scheduled Offence
10 months, 1 week ago

Supreme Court Grants Interim Bail To PMLA Accused As Chargesheet Dropped Scheduled Offence

Live Law  

The Supreme Court on Friday granted interim bail to a man who was arrested by the Enforcement Directorate after noting that there is no scheduled offence as per the Prevention of Money Laundering Act, 2002 against him in the chargesheet filed in the predicate case.The Court noted that the proceedings under the PMLA can be initiated only if offences mentioned …

Supreme Court limits ED’s power to arrest PMLA accused
10 months, 1 week ago

Supreme Court limits ED’s power to arrest PMLA accused

The Hindu  

The Supreme Court on Thursday gave a fillip to the right to personal liberty by holding that a person summoned by a designated special court under the Prevention of Money Laundering Act, is presumed to be not in custody and need not apply for bail under the draconian conditions posed by the anti-money laundering law. “If the accused appears before …

S.205 CrPC | Court Can Exempt Accused From Personal Appearance Before Grant Of Bail : Supreme Court
10 months, 3 weeks ago

S.205 CrPC | Court Can Exempt Accused From Personal Appearance Before Grant Of Bail : Supreme Court

Live Law  

The Supreme Court on Wednesday observed that even before the grant of bail, the accused can be exempted from showing his personal appearance before the court. “The observation that there is no provision for granting exemption from personal appearance prior to obtaining bail, is not correct, as the power to grant exemption from personal appearance under the. “The observation that …

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

S.45 PMLA Doesn't Bar Power Of Court To Grant Bail If There's Delay In Trial : Justice Sanjiv Khanna
1 year ago

S.45 PMLA Doesn't Bar Power Of Court To Grant Bail If There's Delay In Trial : Justice Sanjiv Khanna

Live Law  

Supreme Court judge Justice Sanjiv Khanna on Wednesday orally observed that Section 45 of the Prevention of Money Laundering Act does not bar a Court from granting bail to an accused if there is prolonged incarceration and delay in trial.According to Section 45 of the PMLA, bail can be granted to an accused in a money laundering case only if …

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

‘Bail is rule, jail an exception’ does not apply in terror cases: Supreme Court
1 year, 1 month ago

‘Bail is rule, jail an exception’ does not apply in terror cases: Supreme Court

Hindustan Times  

Bail in terror cases must be rejected as a “rule” when courts have reasonable grounds to believe that the charges are prima facie true, the Supreme Court held on Thursday in a judgment that prescribes a “twin prong” test, severely narrowing the scope of bail in Unlawful Activities Prevention Act. A view of the Supreme Court of India building, According …

Supreme Court Annual Digest 2023- Prevention of Money Laundering Act (PMLA), 2002
1 year, 2 months ago

Supreme Court Annual Digest 2023- Prevention of Money Laundering Act (PMLA), 2002

Live Law  

Prevention of Money Laundering Act – Section 3 – Registration of ECIR – Effect of delay – Information about all complaints, the nature of the complaints, and the amount of money allegedly collected towards illegal gratification had all come into the public domain – Once a piece of information relating to the acquisition of a huge amount of illegal gratification …

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case
1 year, 3 months ago

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case

Live Law  

The Punjab & Haryana High Court has observed that in cheating cases where bail is sought by the accused, the Court cannot impose a condition to deposit the allegedly misappropriated amount before granting bail. Acknowledging the ruling of the Supreme Court in Dilip Singh v. State of Madhya Pradesh and another Justice Suvir Sehgal granted interim bail and said, "no …

Supreme Court Expresses Surprise At Patna High Court Reserving Judgment On Anticipatory Bail For One Year; Seeks Report From Registrar
1 year, 3 months ago

Supreme Court Expresses Surprise At Patna High Court Reserving Judgment On Anticipatory Bail For One Year; Seeks Report From Registrar

Live Law  

The Supreme Court expressed its surprise that the Patna High Court reserved judgment on an anticipatory bail plea for a year. “We are extremely surprised as to how the order on the petition seeking anticipatory bail could be kept pending for one year.,” stated the Supreme Court bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma. However, the Supreme …

Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court
1 year, 6 months ago

Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court

Live Law  

The Kerala High Court on Wednesday reiterated that Section 438 of the Code of Criminal Procedure does not create an absolute bar in the grant of anticipatory bail to an accused alleged of raping a minor girl when no prima facie materials exist warranting the arrest of the accused.Section 438 excludes the grant of pre-arrest bail to offences under Sections …

Money laundering case: No relief for IREO MD as court dismisses bail plea
1 year, 7 months ago

Money laundering case: No relief for IREO MD as court dismisses bail plea

Hindustan Times  

A Prevention of Money Laundering Act Special Court, Panchkula, on Thursday dismissed the bail plea moved by Lalit Goyal, managing director of the IREO group. Managing director of the IREO group Lalit Goyal, who is presently lodged in a jail, was arrested by the Directorate of Enforcement in a money laundering case linked to a corruption case against suspended Haryana …

Bail Conditions Imposed By Courts Must Be Realistic Considering Socio-Economic Background Of Accused : Supreme Court
1 year, 8 months ago

Bail Conditions Imposed By Courts Must Be Realistic Considering Socio-Economic Background Of Accused : Supreme Court

Live Law  

The Supreme Court, on Tuesday, indicated that courts should impose realistic conditions of bail considering the economic and social position of the undertrial prisons or else the act of grant of bail does not subserve its purpose. A Bench comprising Justice SK Kaul and Justice Sudhanshu Dhulia observed the same while hearing a suo moto writ petition instituted for the …

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-V]
1 year, 8 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-V]

Live Law  

Q.21 Can anticipatory bail be granted to an accused when on similar allegations two other co-accused in the case had been granted similar relief? Q.23 If an accused who is on anticipatory bail surrenders before the competent Court and seeks regular bail, can he be treated as in “custody” obliging the Court to decide the application on merits? The accused …

Woman Can’t Be Classified Based On Their Education Or Occupation For Bail Under Proviso To Section 45(1) PMLA: Delhi High Court
1 year, 9 months ago

Woman Can’t Be Classified Based On Their Education Or Occupation For Bail Under Proviso To Section 45(1) PMLA: Delhi High Court

Live Law  

The Delhi High Court has ruled that a woman cannot be classified based on their education, occupation or social status for being entitled to be released on bail under the provisio to section 45 of PMLA. “Thus, to argue what kind of woman is entitled to fall within the proviso to section 45 PMLA by creating an ad-hoc illusionary sub-classification …

Discretion To Choose High Court Or Sessions Court For Moving Anticipatory Bail Can’t Be Restricted By Narrow Interpretation: Delhi High Court
1 year, 9 months ago

Discretion To Choose High Court Or Sessions Court For Moving Anticipatory Bail Can’t Be Restricted By Narrow Interpretation: Delhi High Court

Live Law  

The Delhi High Court has ruled that the discretion of an applicant to choose either High Court or trial court for moving anticipatory bail plea cannot be restricted by construing section 438 of CrPC narrowly. Analyzing the provision, a vacation bench of Justice Chandra Dhari Singh said that there is no bar on approaching the High Court directly for seeking …

Can’t Deny Bail to POCSO Accused If Victim Refuses to Testify: Jammu & Kashmir and Ladakh HC
1 year, 9 months ago

Can’t Deny Bail to POCSO Accused If Victim Refuses to Testify: Jammu & Kashmir and Ladakh HC

News 18  

The High Court of Jammu & Kashmir and Ladakh recently ruled that a victim’s refusal to testify in court under Protection of Children from Sexual Offences Act was sufficient to grant bail to the accused. The Single Judge Bench of Justice Sanjay Dhar held, “Consideration of the bail petition could not be postponed indefinitely simply because the victim refused to …

Impermissible To Apply For Bail In Parts, Accused Must Seek Bail In All Offences For Which He Is Wanted: Allahabad High Court
1 year, 10 months ago

Impermissible To Apply For Bail In Parts, Accused Must Seek Bail In All Offences For Which He Is Wanted: Allahabad High Court

Live Law  

The Allahabad High Court has clarified that no person can apply for bail in parts and that an accused is required to seek bail for all the offences for which he is wanted. “No person can be permitted to apply for bail in part, that too firstly getting bail by invoking powers u/s 437 CrPC and later on taking recourse …

[BAIL] Questions & Answers By Justice V. Ramkumar- Post Sentence Bail [Part-I]
1 year, 10 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar- Post Sentence Bail [Part-I]

Live Law  

Q.1 The accused is charge sheeted by the police for an offence punishable under Section 326 IPC. The accused files an appeal before the Sessions Court under Section 374 Cr.P.C and obtains an order under Section 389 Cr.P.C suspending the sentence and releasing him on bail. The accused files an application before the Sessions Court for bail under Section 389 …

Supreme Court issues notice to Centre, ED on plea challenging Sections 50 & 63 of PMLA
2 years ago

Supreme Court issues notice to Centre, ED on plea challenging Sections 50 & 63 of PMLA

India Today  

The Supreme Court on Tuesday issued notice to the Centre and the Enforcement Directorate on a petition that has challenged the constitutionality of Section 50 and Section 63 of the Prevention of Money Laundering Act, 2022. READ | Explained: Supreme Court's big verdict on Prevention of Money Laundering Act During a brief hearing, senior advocate Kapil Sibal appeared for Singh …

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