Question
A person has been arrested under PMLA and granted bail.
The conditions of bail include regular reporting to the police station and restriction on leaving the country. Which statements regarding bail conditions under PMLA are correct? Statement 1: PMLA cases are non-bailable offences under Section 4, and bail can be granted only in exceptional circumstances. Statement 2: The person can challenge restrictive bail conditions before the court if they are disproportionate to the nature of charges. Statement 3: Once bail is granted in a PMLA case, the investigating agency cannot seek cancellation or modification. Statement 4: Bail conditions in PMLA cases can include surrender of passport and periodic monetary deposits. Which statements are correct?Solution
Section 4 of PMLA makes money laundering a cognizable, non-bailable offence. Statement 1 is correct. Statement 2 is correct—bail conditions are subject to proportionality principles. Statement 3 is incorrect—investigating agencies can seek bail cancellation/modification if circumstances justify. Statement 4 is correct—these are common conditions imposed. Statements 1, 2, and 4 are correct.
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