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2023 (11) TMI 1237 - HC - Money LaunderingSeeking grant of bail - money laundering - scheduled offences - extortion of money to the tune of Rs. 200 Crores - twin conditions of section 45 of PMLA satisfied or not - HELD THAT:- It is pertinent to mention here that the petitioner who is around 69 years of age and has a medical history is in custody for last more than two years. It has been submitted that the case is still at the initial stage and the trial may take a long time. It is necessary to take into account that the detention during trial cannot be taken as punitive detention. The rule is bail and not jail. Recently, in Manish Sisodia vs. Central Bureau Of Investigation & Anr. [2023 (11) TMI 63 - SUPREME COURT] the Hon'ble Supreme Court has held Section 436A should not be construed as a mandate that an accused should not be granted bail under the PML Act till he has suffered incarceration for the specified period. It is also a settled proposition that even in the economic offence case, it is not a rule that the bail should be denied in every case. It is a also settled proposition that merely levelling the allegation of 'flight risk' is not sufficient to deny the bail in the absence of any substantive material. The court at this stage is not to weigh the evidence meticulously but to arrive at a finding on the basis of broad probabilities. Here is the case where the petitioner is 69 years of age with several ailments and is in custody for the last more than 2 years. If the case of the petitioner is seen on broad probabilities, he seems to be entitled to be admitted to bail. The offence alleged against the accused is punishable with imprisonment for a term which shall not be less than three years and may extend to seven years and shall also be liable to fine. The case of the petitioner does not fall under Paragraph 2 of para 2 A of the Schedule. The Applicant shall furnish a personal bail bond in the sum of Rs. 5,00,000/-with two sureties of the like amount subject to the satisfaction of the learned Trial Court/CMM/Duty MM - petitioner is admitted to bail subject to fulfilment of conditions imposed - bail application allowed.
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