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PMLA - Highlights / Catch Notes

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Grant of Anticipatory Bail - accumulation of huge wealth ...


Court Evaluates Anticipatory Bail in Wealth Disproportion Case; Highlights Presumed Innocence and Declares Section 45 Conditions Unconstitutional.

March 23, 2021

Case Laws     Money Laundering     HC

Grant of Anticipatory Bail - accumulation of huge wealth disproportionate to known sources of income - Arrest of accused may be required for effective investigation of crime, but the same cannot be a substitute of post trial punishment. After all, an accused is presumed to be innocent until proven guilty. The golden principle is part of criminal jurisprudence of all civilized nations including India. Stringent conditions of bail under Section 45 of the Act have already been declared ultra vires. - HC

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