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PMLA - Highlights / Catch Notes

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Money laundering - scheduled offence - Siphoning of funds - Once ...

Money Laundering

December 30, 2021

Money laundering - scheduled offence - Siphoning of funds - Once the applicant is released on bail, both of them are likely to take fate of the case in their hands by frustrating all the efforts of the ED. Certainly, none of the parameters including tripod test prescribed under Sec.439 of Cr.P.C. is applicable to the case of the applicant. It has to be noted that, if the application is allowed there will be no safe trial - even if the rigors of twin conditions under Sec. 45 of PML Act are not existing and even if the application is dealt with under Sec. 439 of Cr.P.C. with remaining part of Sec.45 of PML Act, the applicant is not entitled to be released on bail. - DSC

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