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2021 (9) TMI 671 - HC - Money LaunderingRevival of twin conditions for bail under Section 45 of PMLA after having been declared as unconstitutional - parallel provision to Section 482 Cr.P.C. or not - limitation imposed on civil powers existed in Section 482 Cr.P.C. by Section 362 Cr.P.C. - HELD THAT:- The reliance placed by the applicant/petitioner on the decisions of the Hon’ble Supreme Court in cases of NEW INDIA ASSURANCE CO. LTD. VERSUS KRISHNA KUMAR PANDEY [2019 (12) TMI 1509 - SUPREME COURT] as well as STATE OF PUNJAB AND SUMEDH SINGH SAINI VERSUS DAVINDER PAL SINGH BHULLAR & ORS. ETC. [2011 (12) TMI 656 - SUPREME COURT] is to state that inherent powers of the Court u/s 482 of Cr.P.C. are saved by Section 362 of Cr.P.C. but in NEW INDIA ASSURANCE CO. LTD. VERSUS KRISHNA KUMAR PANDEY [2019 (12) TMI 1509 - SUPREME COURT] the petitioner was ex parte/not heard and STATE OF PUNJAB AND SUMEDH SINGH SAINI VERSUS DAVINDER PAL SINGH BHULLAR & ORS. ETC. [2011 (12) TMI 656 - SUPREME COURT] rather carved out certain exceptions to the operation of the bar under Section 362 Cr.P.C. as quoted below: i. If a judgment has been pronounced without jurisdiction or in violation of principles of natural justice; or ii. Where the order has been pronounced without giving an opportunity of being heard to a party affected by it; or iii. Where an order was obtained by abuse of the process of court which would really amount to its being without jurisdiction. The above exceptions, in no way apply to the facts of the present case and hence the present application is not maintainable in light of the express bar under Section 362 of the Cr.P.C. - application dismissed.
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