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2015 (3) TMI 1053 - HC - Money LaunderingCommission of offense punishable under Section 3 read with Section 4 of the Prevention of Money Laundering Act, 2002 - whether rigorous of Section 45 of the PML Act is not applicable qua the applicant, inasmuch as no offence is committed by the applicant, the applicant is not accused of having committed any scheduled offence? - Held that:- Having taken into consideration the contents of the complainant filed by the respondent authority dated 29.10.2014 Annexure-A to this application, with specific reference to the role attributed to the present applicant, more particularly para:28 of the said complainant, it is recorded that, this Court is not in a position to record such satisfaction. It is further noted that, while doing so, it is kept in view that the word 'reasonable' needs to be understood and interpreted reasonably and not that acquittal needs to be recorded at this stage Since this Court is unable to record the first satisfaction as contemplated under Section 45 (1) (ii) of the PML Act, it would be immaterial as to whether the applicant meets with the second requirement. There is no dispute that, both the stipulations need to be met with and if any one is missing, it would not be permissible to release the applicant on bail It is clarified that, the reasons recorded in this order is only for the limited purpose of deciding this application for bail and any observation by this Court may not be construed as this Court having expressed any opinion on merits of the matter and the same shall not have any bearing at the time of trial against the applicant. The Trial Court shall in no way be influenced by the observation of this Court in this order since, as noted above, it is only for the purpose of deciding this application.
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