The Supreme Court is set to examine whether an accused not arrested during the probe period under the Prevention of Money Laundering Act (PMLA) will still be required to meet the twin condition for bail.
The division bench of Justice Abhay S Oka and Justice Ujjal Bhuyan has issued notice in a case where the question emerged that if pursuant to the summons issued by the Special Court, the accused appears before the Special Court whether he is required to apply for bail in terms of Section 437 of the Code of Criminal Procedure, 1973 or whether such a bail plea will be governed by the twin conditions imposed by Section 45 of the PMLA Act.
The Court shall also look into the question as to once cognizance of a complaint filed under Section 44 is taken by the Special Court under the Prevention of Money Laundering Act, 2002, the power to arrest (by ED) vesting under Section 19 of the PMLA Act ceases to exist or not.
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