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In PMLA bail matters, the prosecution must show a prima facie scheduled offence and identify specific proceeds of crime; unaccounted income alone is insufficient. The Court found the alleged Himachal Pradesh scheduled offences had ended in cancellation reports, with no independent material sustaining them, and the complaint did not identify any specific property of the applicant as proceeds of crime from the Uttar Pradesh allegations. It also held that continued custody was unjustified because investigation was complete, trial would take time, and parity with a co-accused favoured release, so Article 21 concerns outweighed the bail restrictions. Bail was granted subject to conditions.
In PMLA bail matters, the prosecution must show a prima facie scheduled offence and identify specific proceeds of crime; unaccounted income alone is insufficient. The Court found the alleged Himachal Pradesh scheduled offences had ended in cancellation reports, with no independent material sustaining them, and the complaint did not identify any specific property of the applicant as proceeds of crime from the Uttar Pradesh allegations. It also held that continued custody was unjustified because investigation was complete, trial would take time, and parity with a co-accused favoured release, so Article 21 concerns outweighed the bail restrictions. Bail was granted subject to conditions.
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