HC Sets Aside Bail Granted Without Meeting PMLA Twin Conditions

Case Details: Directorate of Enforcement vs. Sharad Chandra Toshniwal - [2026] 186 taxmann.com 377 (HC-Telangana)

Judiciary and Counsel Details

• K. Sujana, J.

Facts of the Case

In the instant case, the Respondent filed an application for regular bail before the Trial Court. The Trial Court granted bail primarily on the ground of parity with the anticipatory bail granted by the High Court to Neelima, successor auditor to the respondent, and also considering that the respondent was in judicial custody and was cooperating with the investigating officer, notwithstanding the rigours of Section 45 of the PMLA.

It was noted that anticipatory bail granted to the said Neelima was in respect of offences under the BNS and TSPDFE Act and not under the PMLA.

It was noted that since the respondent was charged with an offence under Section 3 of PMLA, the rigours of Section 45 of the Act were attracted.

Further, the Trial Court had not adverted to or recorded satisfaction with regard to mandatory twin conditions under Section 45 of PMLA and granted bail merely on the ground that the respondent was cooperating with the investigating officer, which, by itself, was insufficient in the context of the stringent statutory requirements under Section 45 of PMLA.

High Court Held

The High Court held that the order passed by the Trial Court granting bail to the respondent was to be set aside, and consequently, bail granted to the respondent stood cancelled.