Criminal Procedure Code, 1973
Section 439 (Now Sec. 482 of BNSS, 2023)—Regular bail—Money laundering case—Appellant, who is a woman, is an accused in a complaint filed under Section 44 of the Prevention of Money Laundering Act—As rigours of clause (ii) of sub-section (1) of Section 45 of the PML Act will not apply, the Special Court ought to have treated the application as the one under Section 439 of CrPC or Section 483 of the BNSS—First proviso to sub-section (1) of Section 437 of CrPC (first proviso to sub-section (1) of Section 480 of the BNSS) will apply—As the predicate offence is not under the NDPS Act, the maximum sentence can be of 7 years—There are no antecedents of the appellant brought on record—Case is made out for enlarging the appellant on bail till the conclusion of the trial.
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