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2024 (8) TMI 1411 - SC - Money LaunderingRefusal to grant bail to the appellant (woman) - Applicability of proviso to Section 45(1) of the Prevention of Money-Laundering Act 2002 (PMLA) for women - appellant indulged herself into tampering with the evidence and influencing the witnesses - HELD THAT - The proviso to Section 45(1) of the PMLA permits certain category of accused including woman to be released on bail without the twin requirement under Section 45 of the PMLA to be satisfied. No doubt that as argued by the learned ASG in a given case the accused even if a woman may not be automatically entitled to benefit of the said proviso and it would all depend upon the facts and circumstances of each case. However when a statute specifically provides a special treatment for a certain category of accused while denying such a benefit the Court will be required to give specific reasons as to why such a benefit is to be denied. The learned Single Judge in the present case while denying the benefit of the proviso to Section 45(1) of the PMLA comes to a heartening conclusion that the appellant is highly qualified and a well-accomplished person. The learned Single Judge further observed that the appellant has made significant contributions to politics and social work. The learned Single Judge further observed that while deciding her bail application the Court may appreciate her accomplishment however it cannot lose sight of the serious allegations levelled by the prosecution and the evidence collected during the course of the investigation and presented before the Court. The learned Single Judge thereafter proceeds to observe that the present appellant cannot be equated to a vulnerable woman - the learned Single Judge erroneously observed that the proviso to Section 45(1) of the PMLA is applicable only to a vulnerable woman . A perusal of the judgment of this Court in the case of Saumya Chaurasia 2023 (12) TMI 685 - SUPREME COURT would show that this Court has observed that the Courts need to be more sensitive and sympathetic towards the category of persons included in the first proviso to Section 45 of the PMLA and similar provisions in the other Acts. The Court observes that the persons of tender age and women who are likely to be more vulnerable may sometimes be misused by unscrupulous elements and made scapegoats for committing such crime. The learned Single Judge of the High Court has totally misdirected herself while denying the benefit of the proviso to Section 45(1) of the PMLA. The impugned judgment and order passed by the learned Single Judge of the High Court of Delhi at New Delhi are quashed and set aside - Appeal allowed.
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