SC held that the HC's bail order in a money laundering case was ...

Money Laundering Bail Order Overturned: Section 45 PMLA Conditions Not Met, Reasonable Grounds Test Failed

February 15, 2025

Case Laws     Money Laundering     SC

SC held that the HC's bail order in a money laundering case was unsustainable due to non-compliance with mandatory conditions under Section 45 of PMLA. The HC failed to establish reasonable grounds for believing the accused's non-guilt and likelihood of not reoffending while on bail. The Court emphasized that money laundering is not an ordinary offense but has transnational impact on financial systems and sovereignty. The casual approach in granting bail without considering PMLA's rigors was deemed improper. The matter was remanded to HC for fresh consideration by a different bench, with strict instructions to evaluate bail application under Section 45's mandatory requirements. The Court also clarified that money laundering is an independent offense concerning proceeds of crime, regardless of involvement in predicate offenses.

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