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2022 (1) TMI 511

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..... urt to examine the jurisdictional facts including the mandate of Section 45 of the PMLA Act, which must be kept in mind. It is deemed appropriate to set aside the impugned judgment and order and relegate the parties before the High Court for reconsideration of Criminal Petition afresh for grant of anticipatory bail filed under Section 438 of the Code of Criminal Procedure in connection with sta .....

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..... nd order dated 25.06.2021 passed by the High Court of Telangana at Hyderabad in Criminal Petition No. 4134 of 2021, whereby the High Court granted anticipatory bail to the respondent in connection with offence concerning the Prevention of Money Laundering Act (for short 'PMLA Act') being F.No. ECIR/HYZO/20/2019/2246 bearing summons dated 11.05.2021. For the nature of order that we propo .....

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..... have been misunderstood by the respondent. It is one thing to say that Section 45 of the PMLA Act to offences under the ordinary law would not get attracted but once the prayer for anticipatory bail is made in connection with offence under the PMLA Act, the underlying principles and rigors of Section 45 of the PMLA Act must get triggered - although the application is under Section 438 of Code of C .....

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..... peditiously, preferably within four weeks from the date of receipt of copy of this order. The interim protection given by the High Court to the respondent shall continue for a period of four weeks from today and to be subject to the outcome of the said remanded/restored petition, referred to above. Needless to observe, the High Court will decide the remanded/restored petition on its own merits .....

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