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    <title>2025 (6) TMI 1820 - CALCUTTA HIGH COURT</title>
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    <description>An accused who was not arrested during investigation under PMLA and who appeared before the Special Court in response to process is not to be treated as being in custody. Applying Section 91 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the principle in Tarsem Lal, the Court stated that the proper course is ordinarily to require a bond for appearance rather than insist on a bail application. The accused&#039;s custody in another case did not justify bypassing that statutory route, particularly where the Enforcement Directorate had not sought further custodial interrogation or arrested him under Section 19 PMLA. Rejection of bail on the rigours of Section 45 was therefore described as misdirected.</description>
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    <pubDate>Tue, 24 Jun 2025 00:00:00 +0530</pubDate>
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      <title>2025 (6) TMI 1820 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=773707</link>
      <description>An accused who was not arrested during investigation under PMLA and who appeared before the Special Court in response to process is not to be treated as being in custody. Applying Section 91 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the principle in Tarsem Lal, the Court stated that the proper course is ordinarily to require a bond for appearance rather than insist on a bail application. The accused&#039;s custody in another case did not justify bypassing that statutory route, particularly where the Enforcement Directorate had not sought further custodial interrogation or arrested him under Section 19 PMLA. Rejection of bail on the rigours of Section 45 was therefore described as misdirected.</description>
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      <pubDate>Tue, 24 Jun 2025 00:00:00 +0530</pubDate>
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