Prevention of Money Laundering Act, 2002, Section 45, 3 -- Bail - Offence u/s 3 of the Act - Appellant has undergone incarceration for a period of 1 year and 2 months - There are 225 witnesses cited, out of which only 1 has been examined - Trial is not likely to be concluded within few years - Bail granted...........
Evidence Act, 1872, Section 45 -- Expert - Seizure officer cannot be said to be an expert within the meaning of S.45 of the Act...........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail - S.45 of the Act imposes two mandatory conditions for the grant of bail to any person i.e (i) prosecutor must be given an opportunity to oppose the application for bail; and (ii) Court must be satisfied that there are reasonable grounds for believing that accused person is not guilty of such offence and that he..........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail - Merely because the prosecution complaint had been filed and cognizance was taken by Court that itself would not be the ground or consideration to release the respondent on bail, when mandatory requirements as contemplated in S.45 of the Act have not been complied with...........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail - High Court in a very casual and cavalier manner, without considering the rigours of S.45 of the Act granted bail to respondent on absolutely extraneous and irrelevant considerations - There is no finding whatsoever recorded in the impugned order that there were reasonable grounds for believing that respondent..........
Prevention of Money Laundering Act, 2002, Section 45(1)(ii) -- Bail - Non-fulfillment of twin tests u/s 45(1)(ii) of PMLA - When arrest is illegal or is vitiated, bail cannot be denied on the ground of non-fulfillment of twin tests u/s 45(1)(ii) of the Act...........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail to woman - When a woman applies for bail, twin conditions in S.45(1)(ii) of the Act need not be satisfied...........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail to woman - Charge already framed - However, there are 67 witnesses and recording of evidence is yet to commence - There are no antecedents of appellant brought on record - As rigours of S.45(1)(ii) of the Act will not apply, Special Court ought to have treated application as one u/s 439 Cr.P.C or S.483 BNSS - As..........
Constitution of India, 1950, Article 15(3), 39(e), (f), 45, 47, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 102, Indian Penal Code, 1860, Section 354, 451, 342, 506, 376(3), 376(2)(n), Juvenile Justice (Care and Protection of Children) Model Rules, 2016, Rule 13(3) -- Maintainability - Even when a `Board' passes an order under Section 18(3) of the..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures on pronote - Recovery suit - Defendant in her written statement categorically admitted that her signature was obtained on a blank pronote as security for the amount borrowed by her husband - There is thus, no purpose for sending pronote to expert for comparison of signatures - Application rightly..........
