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2022 (2) TMI 202 - HC - Money LaunderingSeeking grant of bail - predicate and scheduled offences - pre-amended twin conditions, as cast in Section 45 of the PML Act, satisfied or not - HELD THAT:- There are divergent views expressed by the Hon'ble Apex Court, with respect to the resurrection, or, revival of twin conditions, as, carried in Section 45 of the PML Act, upon, a validating amendment being made thereto, post the decision made in Nikesh Tara Chand's case. Obviously, this Court is left with no alternative but to, in view of the above discussion, rather grant, than deny bail to the applicant, as the rule is of grant of bail, than of denial of bail. Moreover, when no evidence has been adduced, at this stage, by the prosecution, that in the event of grant of bail to the bail applicant-petitioner, there is any likelihood of his fleeing from justice, and, tampering with the prosecution evidence. Since the question, appertaining to the apposite validating amendment, rather reviving, or resurrecting the twin conditions, are still sub-judice, before the Hon'ble Apex Court. Consequently, also this Court deems it fit to accord the indulgence of bail to the bail applicant-petitioner. The reason being till the validating amendment to Section 45 of the PML Act, as made, post the decision in case Nikesh Tara Chand's case [2017 (11) TMI 1336 - SUPREME COURT], becomes upheld, by the Hon'ble Apex Court, thereupto, it may not be appropriate to fetter the personal liberty of the bail applicant-petitioner. The granting of bail to the bail applicant-petitioner, is subject to conditions imposed - petition allowed.
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