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    <title>2023 (12) TMI 1317 - ORISSA HIGH COURT</title>
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    <description>Non-compliance with the arrest safeguards under Section 19 of the Prevention of Money Laundering Act was treated as a serious irregularity where the accused remained in Enforcement Directorate custody before formal arrest was recorded, and the Court found the statutory mandate was complied with only belatedly. The proviso to Section 45(1) was treated as conferring judicial discretion, not an automatic right to bail, but the accused was held fit for release on bail because of prolonged pre-trial incarceration, uncertainty about trial progress, prior custodial interrogation, and the availability of restrictive conditions to manage bail risks. The constitutional concern for a speedy trial also weighed in favour of bail.</description>
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      <link>https://www.taxtmi.com/caselaws?id=314096</link>
      <description>Non-compliance with the arrest safeguards under Section 19 of the Prevention of Money Laundering Act was treated as a serious irregularity where the accused remained in Enforcement Directorate custody before formal arrest was recorded, and the Court found the statutory mandate was complied with only belatedly. The proviso to Section 45(1) was treated as conferring judicial discretion, not an automatic right to bail, but the accused was held fit for release on bail because of prolonged pre-trial incarceration, uncertainty about trial progress, prior custodial interrogation, and the availability of restrictive conditions to manage bail risks. The constitutional concern for a speedy trial also weighed in favour of bail.</description>
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