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      Question

      Under Section 45 of PMLA, an accused accused of an

      offence attracting imprisonment of more than three years under Part A of the Schedule can be released on bail only if:
      A He deposits a surety amount fixed by the Special Court Correct Answer Incorrect Answer
      B The Public Prosecutor consents to bail and the court is satisfied he is guilty Correct Answer Incorrect Answer
      C He has been in custody for more than six months without trial commencing Correct Answer Incorrect Answer
      D The Public Prosecutor has been given an opportunity to oppose, and the court is satisfied there are reasonable grounds to believe he is not guilty and will not commit any offence while on bail Correct Answer Incorrect Answer
      E The High Court grants anticipatory bail Correct Answer Incorrect Answer

      Solution

      Section 45(1) of PMLA imposes twin conditions ('twin tests') for bail in respect of offences attracting more than three years imprisonment under Part A of the Schedule. First, the Public Prosecutor must be given an opportunity to oppose the application. Second, where the Public Prosecutor opposes, the court must be satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and is not likely to commit any offence while on bail. These stringent conditions have been upheld by the Supreme Court as constitutionally valid. The proviso grants discretion to the Special Court to release a person under sixteen years of age, a woman, or a sick or infirm person. Section 45 has been a major point of litigation.

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