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Regular bail under the PMLA was considered on whether continued custody was necessary and proportionate despite Section 45 rigour. The court held that non-issuance of Section 50 summons, though not a statutory precondition to arrest, is a substantive safeguard; its omission, coupled with a largely document/digital investigation with statements and seizures already secured, undercut any demonstrated need for custodial interrogation, making further incarceration disproportionate. The court also treated selective arrest and parity as relevant: similarly or more culpable co-accused were on bail and no distinguishing features were shown to justify unequal treatment. Applying Article 21, bail was granted with stringent conditions. - HC
Regular bail under the PMLA was considered on whether continued custody was necessary and proportionate despite Section 45 rigour. The court held that non-issuance of Section 50 summons, though not a statutory precondition to arrest, is a substantive safeguard; its omission, coupled with a largely document/digital investigation with statements and seizures already secured, undercut any demonstrated need for custodial interrogation, making further incarceration disproportionate. The court also treated selective arrest and parity as relevant: similarly or more culpable co-accused were on bail and no distinguishing features were shown to justify unequal treatment. Applying Article 21, bail was granted with stringent conditions. - HC
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