Validity of Section 45 of the PMLA : Effect of Pendency of SLP in the Supreme Court of India

Court :- HIGH COURT OF GUJARAT AT AHMEDABAD , Citation :- Criminal Misc. Application (For Regular Bail) No. 22552 of 2015 Decided On: 25.02.2016
In this case of Madanlal Manekchand Jain Vs.  State of Gujarat and Ors., the validity of Section 45 of the PML Act, 2002 was questioned. The applicant contended that as a special leave petition is pending before the Supreme Court for final hearing, the applicant should be granted interim bail. The applicant in the above case who has been proven guilty of money laundering which is a cognizable offence as per section 45 of the PML Act, and according to the provisions of the above mentioned section if an accused is guilty of an offence punishable with imprisonment of more than three years under Part A of the Schedule, he shall not be released on bail. It was held that vires of section 45 of the PML Act should not be ignored just because a petition is pending before the Supreme Court.
SECTION 45: Offences to be cognizable and non-bailable.-
1.  Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-
a.  every offence punishable under this Act shall be cognizable;
b.  no person accused of an offence punishable for a term of imprisonment of more than three years under Part A of the Schedule shall be released on bail or on his own bond unless-
                      i.        the Public Prosecutor has been given an opportunity to oppose the application for such release; and
                     ii.        where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: Provided that a person, who, is under the age of sixteen years, or is a woman or is sick or infirm, may be released on bail, if the Special Court so directs: Provided further that the Special Court shall not take cognizance of any offence punishable under section 4 except upon a complaint in writing made by-
a.     the Director; or
b.  any officer of the Central Government or a State Government authorised in writing in this behalf by the Central Government by a general or special order made in this behalf by that Government.
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