Supreme Law News

Bail Provision in money laundering PMLA ?

Explained By Advocate Dr Ajay Kummar Pandey at 4C Supreme Law International

The "Bail provision" in the Prevention of Money Laundering Act (PMLA) refers to the legal provision that allows a person who has been arrested under the PMLA to seek bail from the court.

Under Section 45 of the PMLA, an arrested person is not entitled to bail unless the court is satisfied that there are reasonable grounds for believing that the person is not guilty of the alleged offense and that he or she is not likely to commit any offense while on bail.

In deciding whether to grant bail, the court may consider various factors, including the nature and gravity of the offense, the evidence available against the accused, the likelihood of the accused absconding or tampering with evidence, and the interests of justice.

It is important to note that under the PMLA, the burden of proof in establishing that the accused is not guilty and that he or she is not likely to commit any offense while on bail lies on the accused. This means that the accused must provide evidence to satisfy the court that he or she meets these criteria.

If the court is satisfied that the accused meets the criteria for bail, it may grant bail subject to such conditions as it deems fit, such as providing a surety, surrendering his or her passport, or reporting to the police regularly.

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Prakhar Srivastava

#legal #moneylaundering #bail #pmla

Dr. Ajay Kummar Pandey

( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )

Advocate & Consultant, Supreme Court of India & High Courts

4C Supreme Law International, Delhi, NCR. Mumbai & Dubai

Tel: M- 91- 9818320572. Email: editor.kumar@gmail.com

Website: www.ajaykr.com, www.4Csupremelawint.com

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