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    <title>2023 (5) TMI 1028 - BOMBAY HIGH COURT</title>
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    <description>Bail under the Prevention of Money Laundering Act, 2002 requires satisfaction of the twin conditions in Section 45: reasonable grounds to believe the accused is not guilty and is not likely to commit an offence while on bail. On the material showing alleged acquisition, routing and layering of funds through shell entities, and with the scheduled offence still subsisting, the Court found those conditions unmet and refused bail. The plea that arrest was vitiated by non-compliance with Section 41A of the Code of Criminal Procedure, 1973 also failed because the PMLA contains its own arrest mechanism and safeguards under Section 19, and no breach of the special statute was shown.</description>
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    <pubDate>Mon, 10 Apr 2023 00:00:00 +0530</pubDate>
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      <title>2023 (5) TMI 1028 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=438221</link>
      <description>Bail under the Prevention of Money Laundering Act, 2002 requires satisfaction of the twin conditions in Section 45: reasonable grounds to believe the accused is not guilty and is not likely to commit an offence while on bail. On the material showing alleged acquisition, routing and layering of funds through shell entities, and with the scheduled offence still subsisting, the Court found those conditions unmet and refused bail. The plea that arrest was vitiated by non-compliance with Section 41A of the Code of Criminal Procedure, 1973 also failed because the PMLA contains its own arrest mechanism and safeguards under Section 19, and no breach of the special statute was shown.</description>
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