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    <title>2021 (5) TMI 1065 - CALCUTTA HIGH COURT</title>
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    <description>In a PMLA bail context, the Court treated the restriction in Section 45 as diluted following the Supreme Court&#039;s ruling striking it down as manifestly arbitrary and violative of Articles 14 and 21, and therefore applied ordinary bail principles under Section 439 CrPC. It found that the petitioner had earlier been in custody on the same allegations, had been granted bail without misuse of liberty, and that the prosecution had not shown any sufficient need for further custodial interrogation. The apprehension of absconding was addressed through conditions, and bail was granted with safeguards including bond, sureties, passport deposit, weekly appearance, and restraints on witness intimidation or evidence tampering.</description>
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      <link>https://www.taxtmi.com/caselaws?id=308323</link>
      <description>In a PMLA bail context, the Court treated the restriction in Section 45 as diluted following the Supreme Court&#039;s ruling striking it down as manifestly arbitrary and violative of Articles 14 and 21, and therefore applied ordinary bail principles under Section 439 CrPC. It found that the petitioner had earlier been in custody on the same allegations, had been granted bail without misuse of liberty, and that the prosecution had not shown any sufficient need for further custodial interrogation. The apprehension of absconding was addressed through conditions, and bail was granted with safeguards including bond, sureties, passport deposit, weekly appearance, and restraints on witness intimidation or evidence tampering.</description>
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