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The High Court held that the proviso to section 45 of the PMLA can protect a woman accused from the twin bail conditions, subject to judicial discretion and recorded reasons where denied. It further read section 479 of the BNSS harmoniously with the law on prolonged pre-trial custody, holding that crossing the statutory custody threshold, even in the presence of multiple pending cases, does not automatically defeat bail. Parity with co-accused already enlarged on bail also supported release. Bail was granted in the PMLA case on these combined grounds, subject to the Special Court's conditions.
The High Court held that the proviso to section 45 of the PMLA can protect a woman accused from the twin bail conditions, subject to judicial discretion and recorded reasons where denied. It further read section 479 of the BNSS harmoniously with the law on prolonged pre-trial custody, holding that crossing the statutory custody threshold, even in the presence of multiple pending cases, does not automatically defeat bail. Parity with co-accused already enlarged on bail also supported release. Bail was granted in the PMLA case on these combined grounds, subject to the Special Court's conditions.
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