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HC allowed revision petition in money laundering case where petitioner was not arrested during ED investigation under Section 19 PMLA but summoned by Special Court. Despite filing bail application and separate petition for release under Section 91 BNSS, Special Court rejected bail applying rigorous Section 45(1) PMLA provisions while ignoring Section 91 application. HC held that when ED chose not to arrest accused during investigation despite serious allegations, Special Court erred in applying PMLA bail restrictions instead of mandatory release under Section 91 BNSS upon bond execution as mandated by Supreme Court precedent in Tarsem Lal. Court distinguished case from situations involving non-bailable warrants for evasive accused, concluding petitioner entitled to immediate release on bond under BNSS provisions regardless of allegation gravity.
HC allowed revision petition in money laundering case where petitioner was not arrested during ED investigation under Section 19 PMLA but summoned by Special Court. Despite filing bail application and separate petition for release under Section 91 BNSS, Special Court rejected bail applying rigorous Section 45(1) PMLA provisions while ignoring Section 91 application. HC held that when ED chose not to arrest accused during investigation despite serious allegations, Special Court erred in applying PMLA bail restrictions instead of mandatory release under Section 91 BNSS upon bond execution as mandated by Supreme Court precedent in Tarsem Lal. Court distinguished case from situations involving non-bailable warrants for evasive accused, concluding petitioner entitled to immediate release on bond under BNSS provisions regardless of allegation gravity.
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