Bail is the norm, jail the exception in money laundering cases: Supreme Court
PTC News Desk: On Wednesday, the Supreme Court of India affirmed that the principle of “bail is the rule, and jail is the exception” applies to money laundering cases under the Prevention of Money Laundering Act (PMLA). This landmark decision came as the Court granted bail to Prem Prakash, an alleged associate of Jharkhand Chief Minister Hemant Soren, overturning a previous High Court ruling.
The Supreme Court’s ruling echoed its earlier decision in the Manish Sisodia case, where the Aam Aadmi Party (AAP) leader was granted bail in connection with the alleged Delhi liquor policy scandal. Justices BR Gavai and KV Viswanathan emphasized that individual liberty should be the norm and deprivation of liberty should only occur in accordance with established legal procedures.
In addition, the Court addressed the admissibility of confessions made by an accused under the PMLA. It ruled that such confessions would not generally be admissible as evidence, in line with Section 25 of the Bhartiya Sakshya Adhiniyam (formerly the Indian Evidence Act). The Court noted, “Statements of the appellant, if found to be incriminating, will be hit by Section 25. It would be a travesty to make the statement admissible merely because he was then under custody for another Enforcement Case Information Report (ECIR). It would be extremely unfair to make such statements admissible as it would be against all canons of justice.”
The Supreme Court granted bail to Prem Prakash considering his prolonged incarceration and the delay in the trial due to the extensive number of witnesses involved. The bench found that Prakash was not prima facie guilty of the alleged offences and was unlikely to interfere with evidence. Consequently, the Court granted him bail, requiring him to furnish a bail bond of Rs 5 lakh.