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2018 (2) TMI 310 - SC - Money LaunderingOffence under PMLA - grant of bail - Held that:- As in (Nikesh Tarachand Shah Vs. Union of India & Anr [2017 (11) TMI 1336 - SUPREME COURT OF INDIA] as directed to declare Section 45 (1) of the Prevention of Money Laundering Act, 2002, insofar as it imposes two further conditions for release on bail, to be unconstitutional as it violates Articles 14 and 21 of the Constitution of India. All the matters before us in which bail has been denied, because of the presence of the twin conditions contained in Section 45, will now go back to the respective Courts which denied bail. All such orders are set aside, and the cases remanded to the respective Courts to be heard on merits, without application of the twin conditions contained in Section 45 of the 2002 Act. Considering that persons are languishing in jail and that personal liberty is involved, all these matters are to be taken up at the earliest by the respective Courts for fresh decision. The writ petitions and the appeals are disposed of accordingly In view of the aforesaid, the present matter is also liable to be remitted back for consideration in terms of the aforesaid.
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