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PMLA - Highlights / Catch Notes

Home Highlights March 2025 Year 2025 This

SC determined bail conditions in a money laundering case ...


Money Laundering Accused Gets Bail Under PMLA Section 45 As Evidence Tampering Risk Low And Trial Delayed

March 6, 2025

Case Laws     Money Laundering     SC

SC determined bail conditions in a money laundering case involving defalcation in PHED tender awards. Following Manish Sisodia precedent, the Court held that twin conditions under PMLA Section 45 cannot supersede Article 21 constitutional safeguards. Extended pre-trial detention without trial was deemed impermissible. Given the documentary nature of evidence already in prosecution custody, risk of tampering was minimal. The case involves examination of thousands of documents and approximately 50 witnesses. Notably, the Minister allegedly benefiting from transactions remains unimplicated. The petitioner, previously granted bail in predicate offenses, was granted relief as prolonged incarceration without trial violated constitutional rights. SLP disposed accordingly.

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