Tamanna aged 21 years, has been arrested for a cognizable and non-bailable offence punishable with imprisonment for more than three years under the Prevention of Money Laundering Act, 2002. She proceeded for bail before

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2022
Tamanna aged 21 years, has been arrested for a cognizable and non-bailable offence punishable with imprisonment for more than three years under the Prevention of Money Laundering Act, 2002. She proceeded for bail before the Court. State whether she would succeed.

Answer & Explanation:

According to section 45 of the Prevention of Money Laundering Act 2002, the offences under this act to be cognizable and non-bailable. It provides that notwithstanding anything contained in the Code of Criminal Procedure, 1973, no person accused of an offence under this Act shall be released on bail or on his own bond unless: the Public Prosecutor has been given an opportunity to oppose the application for such release; and where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. However, a person, who, is under the age of sixteen years, or is a woman or is sick or infirm, or is accused either on his own or along with other co-accused of money-laundering a sum of less than one crore rupees may be released on bail, if the Special Court so directs. Since, Tamanna is a woman, she can be released on bail on the direction of special court.

Topics: Economic Laws

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