PMLA anticipatory bail requires satisfaction of twin conditions, while predicate-offence protection does not extend to independent money-laundering pr...
School-affiliation charges remain taxable where not directly connected with examinations, while extended limitation requires proof of deliberate tax e...
Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
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The dominant issue was whether the statutory "twin conditions" under s.45 PMLA barred bail despite prior rejection on merits. The Court held that prolonged incarceration and an unlikely early conclusion of trial warranted relaxing the s.45 embargo by applying constitutional balancing and the ratio that lengthy custody can justify a prima facie satisfaction that the accused is not guilty and will not commit an offence, with the latter secured through stringent conditions. It also noted that the prosecution evidence/documents were already with the investigating agency and the applicant had not misused interim bail. Bail was granted with conditions. - HC
The dominant issue was whether the statutory "twin conditions" under s.45 PMLA barred bail despite prior rejection on merits. The Court held that prolonged incarceration and an unlikely early conclusion of trial warranted relaxing the s.45 embargo by applying constitutional balancing and the ratio that lengthy custody can justify a prima facie satisfaction that the accused is not guilty and will not commit an offence, with the latter secured through stringent conditions. It also noted that the prosecution evidence/documents were already with the investigating agency and the applicant had not misused interim bail. Bail was granted with conditions. - HC
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