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2018 (8) TMI 1848 - HC - Money LaunderingMoney laundering - Grant of Bail - Provisional attachment of properties - Section 45(1) of the PMLA Act - HELD THAT:- In the present PMLA case, the applicant was duly cooperating with the investigation and no prayer was ever been made by the non-applicant to arrest him during the investigation - The entire case of the prosecution is based on Section 50 of the statement and banking trial and there is no question of hampering and tampering with the same. No interrogation whatsoever has been conducted since the applicant has been sent to the judicial custody and, therefore, no purpose will be served by keeping him in custody. Effecting amendment to Section 45(1) of the PMLA Act the words “under this Act” are added to Sub Section (1) of Section 45 of the PMLA Act. However, the original Section 45(1) (ii) has not been revived or resurrected by the said Amending Act. The learned counsel appearing for the applicant and the learned ASG are not disputing about the said fact situation and in fact have conceded to the same. It is further to be noted here that, even Notification dated 29.3.2018 thereby amending Section 45(1) of PMLA Act which came into effect from 19.4.2018, is silent about its retrospective applicability. The applicant is 62 years of age and is an MBBS doctor by profession and is practicing and having number of medical institutes. He is permanent resident of Indore and in all other cases of Scheduled offences in which he was enlarged on bail, he never misused the terms and conditions of the bail. There is no reason to presume that applicant would abscond or temper or influence the witnesses - the applicant is entitled to be released on bail, without expressing any opinion on merits of the case, the application for grant of bail is allowed on various terms.
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