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Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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The HC dismissed bail applications filed by petitioners charged under PMLA 2002. The court rejected the claim for statutory bail, finding that minor defects in the investigation did not entitle petitioners to default bail, particularly since investigation was completed before complaint filing. Regarding regular bail under Section 45 of PMLA, the court held that petitioners failed to satisfy the twin conditions. While acknowledging that statements recorded under Section 50 post-arrest may face admissibility challenges per Vijay Madanlal Choudhary precedent, the court noted additional material evidence existed beyond these statements. The prosecution presented sufficient grounds indicating petitioners' potential guilt and likelihood of reoffending. The court concluded no reasonable grounds existed to believe petitioners were innocent or unlikely to commit offences while on bail, warranting dismissal of all applications.
The HC dismissed bail applications filed by petitioners charged under PMLA 2002. The court rejected the claim for statutory bail, finding that minor defects in the investigation did not entitle petitioners to default bail, particularly since investigation was completed before complaint filing. Regarding regular bail under Section 45 of PMLA, the court held that petitioners failed to satisfy the twin conditions. While acknowledging that statements recorded under Section 50 post-arrest may face admissibility challenges per Vijay Madanlal Choudhary precedent, the court noted additional material evidence existed beyond these statements. The prosecution presented sufficient grounds indicating petitioners' potential guilt and likelihood of reoffending. The court concluded no reasonable grounds existed to believe petitioners were innocent or unlikely to commit offences while on bail, warranting dismissal of all applications.
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