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The defendant ordinarily gets the leave to defend (with or without conditions), but denial or refusal happens only in exceptional cases where the defendant fails to show any genuine triable issue.
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The prevailing trend in PMLA cases underpins the need for institutional checks and stronger accountability mechanisms for investigating agencies. Section 45 warrants the accused to rebut the statutory presumption of guilt at the bail stage, despite limited access to investigative material.
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Case Analysis: The Supreme Court was called upon to decide and clarify the correct reading of Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA) in the context of an anticipatory bail application under Section 438 CrPC for an offence under Section 3 of the PMLA.
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