Professor MP Singh: Shaper of Constitutional Discourse
09 Mar 2026
Dehadrai Seeks Dismissal of Moitra's Dog Custody Suit
11 Mar 2026
Supreme Court Grants Bail to Porsche Father in Swap Case
11 Mar 2026
Natural Gas Supplies Prioritized Under Section 3 Essential Commodities Act Amid LNG Disruptions: Central Govt Order
11 Mar 2026
Delhi High Court Directs Ministries, CBFC to Implement Film Accessibility Features for Disabled Persons per RPWD Act Guidelines
11 Mar 2026
Foreign Nationals Entitled to Article 22(1) Grounds of Arrest in Known Language: Karnataka HC Sets at Liberty but Orders Handover to FRRO
11 Mar 2026
Madras HC Permits CBSE Student to Appear for Maths as Additional Subject Despite Policy Violation in Peculiar 'Rat Race' Circumstances
11 Mar 2026
Supreme Court Grants Anticipatory Bail to Neha Rathore
11 Mar 2026
Menaka Guruswamy Elected India's First Openly Queer Rajya Sabha MP
11 Mar 2026
Back
Next 
SUPREME COURT
Unknown, J
Union of India v. Varinder Singh Alias Raja and Another
Headnote: Read headnote
1. Leave granted. Heard the learned counsel for the parties.
2. The High Court1 has not complied with the requirement of S.45 of the Prevention of Money - Laundering Act, 2002 (in short “the PMLA”). While granting bail, the High Court has failed to comply with the requirement of Condition (ii) of S.45 of the PMLA. This Court in Gautam Kundu v. Directorate of Enforcement ( 2015 (16) SCC 1 : 2016 (3) SCC (Cri) 603 ) has laid down thus: (SCC pp. 13-16, paras 26-30 & 34)
“26. The learned Solicitor General submitted that S.45 of PMLA refers only to the term “Special Court” and therefore has to be given restricted meaning. According to him, PMLA is a “Special Law” applicable to the subject of money - laundering, and deals with economic offenders and white
The provisions of S.45 of the PMLA are mandatory for bail considerations, overriding general provisions of the Code of Criminal Procedure.
Section 436A of the Code of Criminal Procedure, 1973, provides for bail in cases where the trial has not commenced, emphasizing the right to a speedy trial and access to justice.
The court held that the majority of funds alleged as proceeds of crime were received before the predicate offence, thus the conditions for bail under Section 45 of the PMLA were not met, allowing bai....
Prolonged incarceration can lead to bail grant in economic offence cases even under stringent PMLA provisions if no feasible trial timeframe exists.
Prolonged pre-trial detention without charge framing is a significant factor for granting bail under the Prevention of Money Laundering Act, prioritizing liberty in cases of extended custody.
Accused in money laundering must meet stringent bail conditions under Section 45 of the PMLA, reflecting the severity of the offense and impact on ongoing investigations.
Grant of bail – Merely because for predicated offences charge-sheet might have been filed it cannot be a ground to release accused on bail in connection with scheduled offences under PML Act, 2002.
The interpretation of Section 45 of the PMLA Act and the formal custody of accused persons in relation to bail applications.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
Listen Article