2026 (8) TMI 1222

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....hani, Public Prosecutor ORDER : This Criminal Petition is filed by the Directorate of Enforcement seeking cancellation of the bail granted to the respondent/accused by order dated 29.08.2025 in Crl.M.P. No.1818 of 2025. 2. The petitioner filed Crl.M.P. No.1818 of 2025 seeking regular bail before the trial Court in connection with the alleged offence under the Prevention of Money-Launderin....

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....ve error in granting bail by misdirecting itself with reference to Section 65 of the Prevention of Money-Laundering Act (PMLA), 2002 (PMLA), which is only procedural, instead of considering that the respondent is accused of an offences under Sections 3 punishable under Section 4 of the PMLA and that the trial Court failed to consider the mandatory twin conditions under Section 45 of the PMLA and d....

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....nd that during his tenure, he had in fact pointed out statutory irregularities and that subsequent auditors were appointed, including one Neelima Shettyguttha, who was granted anticipatory bail by this Court, and on the principle of parity, the respondent was granted bail and that the respondent has cooperated with the investigation and there are no grounds warranting cancellation of bail, therefo....

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....er Section 45 of the PMLA and granted bail merely on the ground that the respondent was cooperating with the investigating officer, which, by itself, is insufficient in the context of the stringent statutory requirements under Section 45 of the PMLA. 7. Accordingly, this Criminal Petition is allowed. The order dated 29.08.2025 passed in Crl.M.P. No.1818 of 2025 by the trial Court granting bail ....