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Issues: Whether bail under the Prevention of Money Laundering Act, 2002 was governed by the twin conditions in Section 45 after the constitutional ruling striking down those conditions and the subsequent amendment, and whether the applicant was entitled to bail.
Analysis: The constitutional decision had declared the twin conditions in Section 45(1) of the Prevention of Money Laundering Act, 2002 unconstitutional for violating Articles 14 and 21 of the Constitution of India. The later amendment inserting the words "under this Act" did not expressly revive the earlier twin conditions, and the amendment was not shown to operate retrospectively. In the absence of those conditions, bail had to be considered on ordinary principles, and the applicant's age, medical condition, prior cooperation, and absence of material suggesting flight risk or witness tampering supported release on bail.
Conclusion: The applicant was entitled to bail, and the bail application was allowed.
Final Conclusion: The decision grants bail by holding that the invalidated twin conditions under Section 45 could not be applied to the applicant, so bail had to be decided under the ordinary parameters governing release.
Ratio Decidendi: Once the twin bail conditions in Section 45 of the Prevention of Money Laundering Act, 2002 stood struck down as unconstitutional and were not validly revived by the subsequent amendment, bail applications under the Act had to be decided on ordinary principles without applying those conditions.
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