TMI Blog2018 (6) TMI 1640X X X X Extracts X X X X X X X X Extracts X X X X ..... the PMLA Act which came into effect from 19.4.2018, is silent about its retrospective applicability. The original Subsection 45(1)(ii) has therefore neither revived nor resurrected by the Amending Act and therefore, as of today there is no rigor of said two further conditions under original Section 45(1)(ii) of PMLA Act for releasing the accused on bail under the said Act - when there is no bar of twin conditions contained in original Section 45(1)(ii) of the PMLA Act, the present application has to be considered and decided under Section 439 of the Code of Criminal Procedure with or without conditions. The applicant is on bail in the two scheduled offences. The maximum punishment for an offence under PMLA Act is seven years. The appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15 dated 8.6.2015 under Sections 13(1)(c), 13(1)(d) read with 13(2) read with 13(2) of the Prevention of Corruption Act, 1988 and under Sections 406, 409, 420, 465, 468, 471, 109 and 120B read with 34 of the Indian Penal Code in which after completion of investigation the police have submitted charge sheet and the same is now numbered as ACB Special Case No.10/2016. The applicant is also an accused in CR NO. I69/ 2015 registered with EOW, Navi Mumbai under Sections 406 and 420 and 120(B) of the Indian Penal Code and under Sections 3,4,5,8 and 13 of the Maharashtra Ownership of Flats Act, 1963. The police after completion of investigation have submitted charge sheet in the same and it is now numbered as R.C.C. No.176/2016. The applicant has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e present case i.e. PMLA Case No.2/2016 prosecution has cited about 53 accused persons out of which there are about 10companies. He submitted that all the accused persons in the present crime have been released on bail either by the Trial Court or this Court and therefore also the applicant is entitled to be released on bail. He therefore prayed that, the applicant may be released on bail. 6. Mr. Anil Singh, the learned Additional Solicitor General of India submitted that, as far as the Hon'ble Supreme Court in case of Nikesh Tarachand Shah vs. Union of India and another by its Judgment dated 23.11.2017 thereby striking down Section 45 of the PMLA Act,2002 so far as it imposes further two conditions for release on bail to be u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... specific allegation against him that, he was indulging into actual laundering of money as contemplated under the various provisions of PMLA Act. He lastly submitted that the aforesaid facts are the distinguishing factors from the case of Mr. Chhagan Bhujbal and therefore, the applicant is not entitled to claim parity. He therefore, prayed that the present application may be rejected. 7. At the outset, it is to be noted here that, the Supreme Court in the case of Nikesh Shah(supra) has in unequivocal terms held in Para 44 that 'we have struck down Section 45 of the Act as a whole'. It is further held by the Supreme Court in Para 45 that, we declare Section 45(1) of the Prevention of Money Laundering Act, 2002 in so far as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubsection 45(1)(ii) has therefore neither revived nor resurrected by the Amending Act and therefore, as of today there is no rigor of said two further conditions under original Section 45(1)(ii) of PMLA Act for releasing the accused on bail under the said Act. 10. In view of the above, when there is no bar of twin conditions contained in original Section 45(1)(ii) of the PMLA Act, the present application has to be considered and decided under Section 439 of the Code of Criminal Procedure with or without conditions. 11. As noted earlier, the Coordinate Bench of this Court by its elaborate order dated 4.5.2018 has directed the principal accused namely Mr. Chhagan C. Bhujbal to be released on bail by imposing certain conditions. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... licant shall submit his residential address alongwith proof of his staying there to Respondent No. 1, and in the event of change of address, shall update the same; d) Applicant shall surrender his passport with the investigating agency, if not already surrendered; e) Applicant shall remain present before the Special PMLA Court, Mumbai on the fixed dates without fail unless and until prevented for medical reason; f) The applicant shall not leave the jurisdiction of the High Court of Bombay at Mumbai without obtaining the prior permission of the Trial Court; g) Needless to state that Respondents shall be at liberty to take recourse as available under law, if applicant violates any of the conditions impo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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