Even in PMLA, bail is rule and jail is exception, says Supreme Court

The Supreme Court on Wednesday, 28 August held that even in money laundering cases, bail is a rule and jail is an exception, and granted relief to Jharkhand chief minister Hemant Soren's aide in an illegal mining related case registered by the Enforcement Directorate.

A bench of Justices BR Gavai and KV Viswanathan said the court has held that even in cases under the Prevention of Money Laundering Act (PMLA), "bail is a rule and jail is an exception."

The bench said no person should be deprived of its liberty and section 45 of the PMLA which lays down twin conditions for bail of an accused in a money laundering case does not rewrite the principle to mean that deprivation of liberty is the norm.

The top court referred to the 9 August verdict in the money laundering and corruption cases involving former deputy chief minister Manish Sisodia to say that liberty of the individual is always the rule and deprivation of it by procedure established by law is the exception.

"Twin test under section 45 of the PMLA does not take away this principle," the bench held.

It granted bail to one Prem Prakash, who is alleged to be a close aide of Soren by the ED and has been accused of being involved in illegal mining in the state.

The top court set aside the 22 March order of the Jharkhand High Court denying him bail and directed the trial court to expedite the trial in the case.