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Friday, 20 December 2024

PMLA Bail Conditions Scrutinized and Criminal Law / PMLA धारा 45 In Directorate of Enforcement vs. Vijay Agrawal, Order dated 29.05.2023 & 20.12.2024

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"Directorate of Enforcement vs. Vijay Agrawal" Order dated 20.12.2024 passed by
Hon'ble Supreme Court of India in Petition for Special Leave to Appeal (Cr1.) No. 7009/2024
(Arising out of impugned final judgment and order dated 29.05.2023 in
B.A No. 1762/2022 passed by the High Court of Delhi).
PMLA for Bail Grants,Criminal Law; Economic Offences & Money Laundering
Prevention of Money Laundering Act, 2002 (PMLA) & Criminal Procedure Code (CrPC)
Judgement Relevant For:Interpretation of bail provisions under PMLA; Application of medical
grounds for interim bail & Understanding the scope of Section 45 of PMLA.
Subject:-Criminal Law / PMLA धारा 45
Lead Headline:-PMLA Bail Conditions Scrutinized
Crux of Case:-Interpretation of "innocence" under Section 45 PMLA for bail grants.
Factual Matrix:-Accused sought bail in a money laundering case; ED opposed citing flight risk.
Legal Questions:-Whether courts can relax stringent PMLA bail conditions.
Related Provisions:-PMLA Sections 3, 45; CrPC Section 439.
Relied On (Judgments/Precedents):-Vijay Madanlal Choudhary v. UOI (2022).
Court’s Reasoning:-Bail possible if prima facie innocence is shown.
Final Holding / Directions:-Bail granted with stringent conditions.
Key Takeaways:-Courts may relax PMLA bail norms in exceptional cases.

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