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Bail Granted in Money Laundering Case: Court Finds Circumstances Similar to Co-Accused with Prior Bail Approval. The HC granted bail to the applicants under Section 438 of Cr.P.C. in a money laundering case, referencing the SC's precedent in a similar case. The court ...
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Bail Granted in Money Laundering Case: Court Finds Circumstances Similar to Co-Accused with Prior Bail Approval.
The HC granted bail to the applicants under Section 438 of Cr.P.C. in a money laundering case, referencing the SC's precedent in a similar case. The court found the applicants' circumstances comparable to co-accused previously granted bail, emphasizing compliance with Section 45 of the Prevention of Money Laundering Act, 2002.
Issues: 1. Bail application under Section 438 of Cr.P.C. in connection with a criminal case involving the Prevention of Money Laundering Act, 2002. 2. Interpretation of Section 45 of the Act of 2002 regarding the conditions for granting bail. 3. Comparison of the present applicants' case with a previous case involving similar allegations and bail granted by the Supreme Court.
Analysis: 1. The applicants filed a bail application under Section 438 of Cr.P.C. apprehending arrest in a case related to the Prevention of Money Laundering Act, 2002. The case involved allegations of assisting in money laundering activities by transferring funds through shell companies. The applicants sought bail similar to other co-accused who were granted bail by the Supreme Court in a related case.
2. The court examined Section 45 of the Act of 2002, which requires specific conditions to be met for granting bail, including giving the Public Prosecutor an opportunity to oppose the bail application and ensuring that there are reasonable grounds to believe the accused is not guilty and will not commit further offenses while on bail. The non-applicant argued against bail, citing serious allegations and referring to the Supreme Court's decision granting liberty to other accused to apply for regular bail.
3. After reviewing the Supreme Court's order in a similar case, where bail was granted based on factors such as no prior arrest, cooperation during investigation, and the filing of a charge sheet, the court decided to allow the present applicants' bail application. The court noted the similarity in circumstances and directed the applicants to be released on bail, with the option to file a regular bail application within ten days before the competent court.
In conclusion, the court granted bail to the applicants based on the precedent set by the Supreme Court in a similar case, emphasizing the need for fair consideration of bail applications in accordance with the law and individual merits.
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