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2015 (4) TMI 1162 - HC - Money LaunderingInvoking the provisions of the PML Act - offence under Section 3 of the Prevention of Money Laundering Act, 2002 - Bail application - Held that:- This Court is not in a position to record satisfaction to the effect that, there are reasonable grounds for believing that the applicant is not guilty of the offence, he is charged with. In absence of such satisfaction, in view of above observations of the Division Bench of this Court, this application needs to be dismissed. The argument made on behalf of the applicant that he is already granted bail, on the same set of facts would not help him, for the reason that the present one is the case under the PML Act and the parameters are as noted above. So far the allegation made by the applicant about the mala fide exercise of power by the State Authorities is concerned, it is noted that, the scope of this application is exercise of powers under Section 438 of the Code of Criminal Procedure, 1973 and the said power needs to be exercised keeping in view the parameters stipulated under Section 45 of the PML Act. The position with regard to the satisfaction of this Court under Section 45 of the PML Act, is as noted above. For this reason, that aspect is not gone into by this Court. So far the authorities cited by learned senior advocate for the applicant are concerned, there can not be any dispute with regard to the proposition of law enunciated therein, however none of the authorities can be substitute to the satisfaction to be recorded by this Court as required under Section 45 of the PML Act, as noted above, and the said satisfaction needs to be recorded on the facts and it can not be a question of law. This application is dismissed.
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