Twin test for bail under Section 45 PMLA not a tool to indefinitely jail accused: Delhi High Court
Published by Bar and Bench
“Where it is evident that the trial is not likely to conclude in a reasonable time, Section 45 cannot be allowed to become a shackle which leads to unreasonably long detention of the accused persons,” the Court added.
The stringent twin tests for the grant of bail under Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA) cannot be invoked as a tool to indefinitely detain accused persons when there is a delay in completing trial, observed the Delhi High Court recently [Pankaj Kumar Tiwari v. Enforcement Directorate].
Justice Manoj Kumar Ohri made the observation while granting bail to two former Bhushan Steel Limited (BSL) officials, Pankaj Kumar Tewari and Pankaj Kumar, who had been booked in connection with a ₹46,000 crore money laundering case.