Regular bail dismissed; petitioner fails twin-test under Section 45 of PMLA; incarceration alone not ground for reconsideration Patna HC dismissed the regular bail petition and refused reconsideration of an earlier detailed order, holding the petitioner failed the twin-test ...
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Regular bail dismissed; petitioner fails twin-test under Section 45 of PMLA; incarceration alone not ground for reconsideration
Patna HC dismissed the regular bail petition and refused reconsideration of an earlier detailed order, holding the petitioner failed the twin-test required to lift the statutory bar under Section 45 of PMLA as mandated by the Supreme Court. The court found no grounds to revisit its prior decision, observing that incarceration alone does not justify reconsideration of bail. Accordingly, the prayer for bail was rejected.
The regular bail petition was earlier rejected by a detailed order in Cr. Misc. No. 30470/2022 dated 21.06.2023. A subsequent application for reconsideration was addressed orally. The court declined to reopen the earlier decision, holding that "The incarceration, in my view, in such cases, is not a ground for reconsideration of bail petition." The petition for reconsideration was accordingly rejected. The reasoning limits reconsideration applications where the only basis advanced is continued incarceration, treating detention alone as insufficient to disturb a prior detailed refusal of regular bail.
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