Supreme Court sets aside High Court's bail grant under PMLA Act, emphasizes Section 45. Fresh consideration ordered.

The Supreme Court set aside the High Court's grant of anticipatory bail to the respondent under the Prevention of Money Laundering Act, emphasizing the necessity to consider Section 45 of the PMLA Act in such cases. The matter was remanded to the High Court for a fresh consideration of the anticipatory bail application under the Code of Criminal Procedure. The High Court was directed to expedite proceedings and decide within four weeks, with interim protection for the respondent extended for the same period. The appeal was disposed of in accordance with these directives, ensuring compliance with the law.

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Issues:
1. Grant of anticipatory bail under the Prevention of Money Laundering Act (PMLA) by the High Court without considering the mandate of Section 45 of the PMLA Act.

Analysis:
The Supreme Court reviewed the judgment and order of the High Court granting anticipatory bail to the respondent in connection with an offence under the Prevention of Money Laundering Act. The Court observed that the High Court treated the matter as a regular bail application under the Indian Penal Code, failing to consider the specific provisions of the PMLA Act, particularly Section 45. The Court emphasized that even though the PMLA offence is linked to ordinary law offences, the requirements of Section 45 of the PMLA Act must be taken into account when considering anticipatory bail applications related to PMLA offences.

The respondent's counsel referred to a previous judgment to support their argument, but the Court clarified that the principles of Section 45 of the PMLA Act must be applied when dealing with anticipatory bail applications for PMLA offences. The Court highlighted that it is the duty of the court to examine jurisdictional facts, including the provisions of the PMLA Act, regardless of whether objections were raised earlier. Consequently, the Supreme Court set aside the High Court's judgment and remanded the case back to the High Court for a fresh consideration of the anticipatory bail application under Section 438 of the Code of Criminal Procedure in connection with the PMLA offence.

The Supreme Court directed the High Court to expedite the proceedings and make a decision within four weeks from the receipt of the order. The interim protection granted to the respondent was extended for four weeks, subject to the outcome of the reconsidered petition. The Court emphasized that the High Court should assess the case on its merits and in compliance with the law. Ultimately, the appeal was disposed of in line with the aforementioned directions, and any pending applications were also resolved accordingly.

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