The Supreme Court of India has ruled that it is mandatory to consider the twin conditions laid out in the Prevention of Money Laundering Act (PMLA) when deciding bail applications in money laundering cases. The court emphasized the seriousness of the crime and the need to comply with the rigorous requirements of Section 45 of the PMLA, which includes giving the prosecutor an opportunity to oppose bail and ensuring that the court is satisfied that there are reasonable grounds to believe the accused is not guilty and unlikely to commit another offense on bail. The ruling was made in response to an appeal filed by the Enforcement Directorate against a Patna High Court order granting bail to an accused in a money laundering case. The Supreme Court found that the High Court had granted bail without properly considering the requirements of Section 45 and remanded the case back for a fresh review.
'By not only decriminalising routine business failures, but by ensuring that institutional lending and corporate rescue frameworks are strengthened via the IBC, the prime minister has ensured there is no room anymore for the proverbial 'reckless, prodigal debtor',' notes Sanju Verma.
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