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As per case facts, a criminal complaint was filed against the appellant and others for alleged offenses including cheating and criminal conspiracy, related to Global Depository Receipts (GDRs) issuance by
...Farmax India Limited. The complainant alleged misappropriation of funds and forgery. Subsequently, the Enforcement Directorate filed an information report and a prosecution complaint under the PMLA, arresting the appellant. The appellant, a Chartered Accountant, sought bail, arguing prolonged incarceration without a charge sheet in the predicate offense and that he only provided professional services without possessing proceeds of crime. The Enforcement Directorate opposed, labeling him a mastermind and citing the twin conditions of PMLA Section 45. The question arose whether the appellant was entitled to bail under PMLA, particularly concerning the satisfaction of the conditions stipulated in Section 45, given the duration of custody and the specific role attributed to him in the prosecution complaint. Finally, the Supreme Court, considering the appellant's long detention, the absence of a final report in the predicate offense for an extended period, the rejection of remand for a key figure, and the argument regarding the satisfaction of PMLA's second bail condition, held that the continued incarceration was not justified. The Court allowed the appeal and directed the appellant to be enlarged on bail, subject to conditions including surrendering his passport and regular court appearances, to address the apprehension of flight risk.
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