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As per case facts, an FIR was registered for various offences, including criminal conspiracy, cheating, and corruption, stemming from alleged tampering of e-tenders. Subsequently, the Enforcement Directorate initiated a money
...laundering investigation under the PMLA Act, 2002, as these were scheduled offences. The respondent was arrested and granted bail by the High Court. The Directorate of Enforcement appealed this decision.The question arose whether the High Court correctly granted bail without adequately considering the stringent conditions of Section 45 of the PMLA Act, the seriousness of the money laundering allegations, and the fact that the investigation by the Enforcement Directorate regarding the scheduled offences was still ongoing, distinct from the initial predicate offence investigation.Finally, the Supreme Court found the High Court's orders unsustainable, noting its failure to consider Section 45 of the PMLA Act and the ongoing nature of the ED's investigation into the scheduled offences. The Court held that the High Court relied on irrelevant considerations. Consequently, the Supreme Court quashed and set aside the bail orders, directing the respondent to surrender and remitting the bail applications back to the High Court for a fresh decision consistent with its observations.
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