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PMLA - Highlights / Catch Notes

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Bail application dismissed in a case involving serious offences ...


Rich scammers denied bail over laundering money via fake documents.

Case Laws     Money Laundering

September 26, 2024

Bail application dismissed in a case involving serious offences u/ss 420, 467, 471 of the Indian Penal Code and Section 45 of the Prevention of Money Laundering Act, 2002, related to the use of fake, forged, and fictitious documents to obtain holding numbers. The court held that while bail is generally the rule and jail the exception, socio-economic offences with deep-rooted conspiracies affecting societal moral fibre require a different approach. The accused's prolonged incarceration was deemed inconsequential given the gravity of the offence. The investigating agency's ongoing expedited trial process was also considered. Bail was granted to a purchaser protected u/s 54 of the Transfer of Property Act on different grounds. The court emphasized the need for a judicious exercise of discretion in granting or refusing bail based on the facts and circumstances of each case.

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