Last Updated on March 1, 2023 by Administrator
Issue:
The Supreme Court has reaffirmed that anticipatory bail petitions under Section 438 of the Code of Criminal Procedure are subject to the same requirements for the bail granted under Section 45 of the Prevention of Money Laundering Act.
Arguments:
The requirements under Section 45 PMLA state that when an accused in a money laundering case requests bail, the court must first give the public prosecutor an opportunity to be heard. If the public prosecutor objects, the court can only grant bail when it is satisfied that the accused is innocent and unlikely to commit a similar crime while on bail.
Reasoning:
In Vijay Madanlal Choudhary v. Union of India, the Supreme Court maintained these requirements. If the public prosecutor objects, the court must first allow the accused in a money laundering case the chance to be heard. If the court decides to grant bail, it must be satisfied that the accused is innocent and unlikely to perpetrate a similar crime while out on bail.
Judgement:
Applications for anticipatory bail are not subject to the restrictions of Section 45 of the PMLA.
Provisions used in the case:
- Section 45 PMLA, Section 438 CrPC
Case Title- The Directorate of Enforcement vs M. Gopal Reddy and another
Written By- Nikita Shankar
