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In a PMLA anticipatory bail matter, the High Court held that the settled twin-condition framework under Section 45 had to be applied on the facts, and refused relief where the accused had remained evasive in interrogation, made false sworn statements, filed a contradictory affidavit, and obstructed searches. The Court distinguished the husband's regular bail order because he had cooperated and a supplementary chargesheet had already been filed against him. It accepted the Enforcement Directorate's case that custodial interrogation was necessary to trace alleged proceeds of crime assets and enable disclosure for restitution to investors. Anticipatory bail was therefore denied and the application dismissed.
In a PMLA anticipatory bail matter, the High Court held that the settled twin-condition framework under Section 45 had to be applied on the facts, and refused relief where the accused had remained evasive in interrogation, made false sworn statements, filed a contradictory affidavit, and obstructed searches. The Court distinguished the husband's regular bail order because he had cooperated and a supplementary chargesheet had already been filed against him. It accepted the Enforcement Directorate's case that custodial interrogation was necessary to trace alleged proceeds of crime assets and enable disclosure for restitution to investors. Anticipatory bail was therefore denied and the application dismissed.
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