Supreme Court reaffirms: bail is the rule, jail is the exception

New Delhi | Desk: In a significant Money laundering case related to Jharkhand, Supreme Court has emphasized that granting bail should be the norm even in cases under the Prevention of Money Laundering Act (PMLA), with jail being an exception.

The observation was made while granting bail to Prem Prakash, an associate of Jharkhand’s Chief Minister Hemant Soren.

The bench comprising Justice BR Gawayi and KV Vishwanathan reaffirmed that basic principle of bail as a rule remain unchanged even in cases of PMLA.

The court clarified that Section 45 of the PMLA outlines certain conditions of granting bail but does not alter the fundamental principle that, “bail is the rule and jail is the exception.”

The judges further explained that this rule comes under Article 21 of the Constitution, which safeguards an individual’s right to life and personal liberty, stating that no individual could be deprived of these rights except through a lawful or reasonable procedure.

Series of PMLA bail grants

Just a day ago, the Supreme Court granted bail to Bharat Rashtra Samiti (BRS) leader K Kavitha, who had been arrested in connection with an alleged scam involving the Delhi government’s liquor policy.

She was also charged under the Prevention of Money Laundering Act (PMLA).

Earlier this month, former Delhi Deputy Chief Minister Manish Sisodia was also granted bail.

Following the Supreme Court’s recent ruling, it is expected that some of the accused currently in judicial custody in Chhattisgarh, jailed due to cases filed by the Enforcement Directorate, may seek bail again.