Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Bail under the PMLA remained subject to the stringent twin conditions in Section 45; on merits, the Court could not record reasonable grounds to believe that the accused was not guilty or unlikely to reoffend, so the statutory bar was not crossed. The Court nevertheless held that unduly long pre-trial incarceration may, in an appropriate case, outweigh Section 45 when assessed under Article 21. After balancing the seriousness of the allegations, alleged witness-influence concerns, prior bail in the predicate offences, custody of about two years and three months, and delay by the investigating agency, the Court granted bail on stringent terms.
Bail under the PMLA remained subject to the stringent twin conditions in Section 45; on merits, the Court could not record reasonable grounds to believe that the accused was not guilty or unlikely to reoffend, so the statutory bar was not crossed. The Court nevertheless held that unduly long pre-trial incarceration may, in an appropriate case, outweigh Section 45 when assessed under Article 21. After balancing the seriousness of the allegations, alleged witness-influence concerns, prior bail in the predicate offences, custody of about two years and three months, and delay by the investigating agency, the Court granted bail on stringent terms.
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