Explained: What is Section 45 of PMLA that forced ED to allow Sanjay Singh's bail?

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Sanjay Singh was arrested by ED in October 2023 and was the second senior leader from AAP to go to prison in the Delhi liquor policy case. Earlier in February 2023, the CBI arrested Delhi's former Deputy CM Manish Sisodia, who was later handed over the the ED and finally went to judicial custody.

A bench of Justices Sanjiv Khanna, Dipankar Datta, and Prasanna B Varale on Tuesday ordered that Sanjay Singh be released on bail in the Delhi liquor policy case. The Enforcement Directorate submitted that they no longer required the custody of Sanjay Singh.

But, the ED's realization was not as surprising as it was looking and came after the Supreme Court informed Additional Solicitor General (ASG) SV Raju that they are planning to grant Sanjay Singh bail under Section 45 of Prevention of Money Laundering Act (PMLA). "Mr.

Raju, please keep in mind we have to as per Section 45 observe in favor of the petitioner, please understand the implications of that during the trial. So get instructions on whether you need further custody," Justice Dipankar Datta asked SV Raju as per Bar and Bench. Section 45 of the Prevention of Money Laundering Act (PMLA) speaks about the conditions set for bail and states that no accused person shall be granted bail unless “the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offense and that he is not likely to commit any offense while on bail." The Supreme Court bench asked ED to calculate the repercussions of the Supreme Court's observations on its case if the bail is granted under Section 45 of PMLA.

Moreover, the bench also observed that the statements given by accused-turned-approver Dinesh Arora had nothing to implicate Sanjay Singh. During the bail