VidhiSangh

Supreme Court of India · 23/11/2017

NIKESH TARACHAND SHAH versus UNION OF INDIA & ANR.

[2017] 12 S.C.R. 358 · 2017 INSC 1137

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Summary

These petitions and appeals challenged the twin bail conditions in Section 45(1) of the PMLA as worded in 2017, which linked their application to scheduled Part A offences punishable above three years. The Court held those additional conditions unconstitutional under Articles 14 and 21 and remanded the affected bail matters for fresh decisions without applying them.

Issues

  1. Whether the then-existing Section 45(1) twin bail conditions violated Articles 14 and 21.
  2. Whether reading down or authorities applying Section 45 answered the constitutional challenge.
  3. What relief followed for matters in which bail had been refused because of those conditions.

Provisions considered

Held

Result

Writ petitions and appeals disposed of. The then-existing Section45(1) twin conditions declared unconstitutional under Articles14 and21; affected bail-refusal orders set aside and remanded for earliest fresh decisions on merits without applying those conditions.

Judgment PDF: Supreme Court of India, [2017] 12 S.C.R. 358.