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PMLA - Highlights / Catch Notes

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The petitioner sought regular bail in a money laundering case ...


High Court Grants Bail in Minor Money Laundering Case; Petitioner Not a Flight Risk, Cooperative in Investigation.

September 18, 2024

Case Laws     Money Laundering     HC

The petitioner sought regular bail in a money laundering case alleging that he had projected and concealed proceeds of crime related to a scheduled offense. The court observed that the petitioner was not involved in the predicate offense but was roped in for laundering the proceeds generated by others. While 14 main accused, including MPs and MLAs, were not arrested, the petitioner's role was limited to acquiring land worth Rs. 10.83 lakhs and subsequently transferring the company for Rs. 1 crore. The court noted that the petitioner's role was minuscule, and parity is not essential in granting bail. The prosecution failed to quantify the proceeds of crime exceeding Rs. 1 crore, exempting the petitioner from satisfying twin conditions u/s 45 of PMLA for bail. The petitioner was not a flight risk, cooperated with investigations, and did not tamper with evidence. Satisfying the triple test, the HC allowed the bail application and directed the petitioner's release subject to conditions.

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