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2023 (8) TMI 904 - SCH - Money LaunderingSeeking release on Bail - money laundering - predicate offence - withdrawal of SLP arising out of the rejection of his prayer for bail - wrong interpretation of Section 45 of the Prevention of Money Laundering Act, 2002 - flight risk - HELD THAT:- It is true that the respondent moved this Court by way of a Special Leave Petition against the refusal of the High Court to grant bail in the predicate offence. But the withdrawal of the said Special Leave Petition need not stand in the way of this Court independently considering the correctness of the impugned judgment. It is true that the interpretation given by the High Court to Section 45 of the PMLA, 2002 is not in tune with the law laid down by this Court. But, it is made clear that the interpretation given by the High Court in the impugned judgment to Section 45 is not correct. The respondent is still in custody in connection with the predicate offence. Therefore, at least as on date, the question of the respondent being a flight risk does not arise. As to what happens to the bail application moved by him in the predicate offence, as and when it comes up for hearing, will at present be a matter of guesswork. In any case, by directing the respondent to surrender his passport, the said apprehension can also be taken care of. It is stated that the passport is already surrendered. The continued incarceration of the respondent, who has now completed nearly half of the penalty that can be imposed, may not be necessary. Therefore, the Special Leave Petition is dismissed.
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