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2022 (11) TMI 154 - HC - Money LaunderingSeeking grant of anticipatory bail - Money Laundering - received huge donations/funds from the Government and other sources which have been siphoned off and concealed for acquiring properties - proceeds of crime - Scheduled Offences - compliance with the twin conditions of Section 45 of PMLA or not - HELD THAT:- From a bare perusal of Section 45 of the Act, it is established that petitioner cannot claim anticipatory bail as above mentioned eventualities depends on the discretion of the learned Special Court and learned Special Court has rightly exercised its discretion and in the facts of the case has rejected the anticipatory bail of the petitioner as money laundering is an economic offence of grave nature and assisted the main accused in laundering proceeds of crime generated from criminal activities relating to scheduled offence. In SHYAM SUNDER BAJAJ, SON OF LATE JUGAL KISHORE BAJAJ VERSUS THE UNION OF INDIA, THROUGH THE ASSISTANT DIRECTOR (P.M.L.A.) ENFORCEMENT DIRECTORATE, GOVERNMENT OF INDIA, PATNA [2022 (3) TMI 1436 - PATNA HIGH COURT], the Hon’ble Patna High Court has refused to grant anticipatory bail and held that twin conditions have to be considered at the time of grant of anticipatory bail. The Court did not grant anticipatory bail in the light of the gravity of the offence of money laundering, facts of the case which reveals his complicity and the fact that trial could not proceed because of his non-appearance. The prayer for grant of anticipatory bail to the petitioner stands rejected.
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