Bail is rule, jail an exception: SC grants bail to Jharkhand CM’s close aide in PMLA case

Supreme Court

Granting bail to  Jharkhand Chief Minister Hemant Soren's aide  in an illegal mining-related case registered by the Enforcement Directorate, the Supreme Court reaffirmed that in money laundering cases, bail should be the rule, with jail as the exception.

The court said no individual should be deprived of his/her liberty. The court said that section 45 of the Act does not rewrite the principle to mean that deprivation of liberty is the norm.

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."

A bench of Justices BR Gavai and KV Viswanathan emphasized that even in cases under the Prevention of Money Laundering Act (PMLA), the principle of bail being the rule remains intact. The court reiterated that no individual should be deprived of their liberty unless absolutely necessary, and section 45 of the PMLA, which imposes twin conditions for granting bail in money laundering cases, does not override this fundamental principle.

The bench referred to a previous Supreme Court decision on August 9, involving former Delhi Deputy Chief Minister Manish Sisodia, which highlighted that the liberty of an individual should always be the standard, with deprivation of liberty being the exception under due process of law. The court made it clear that the twin tests under section 45 of the PMLA do not negate this principle.

The court's decision overturned a March 22 order by the Jharkhand High Court, which had denied bail to Prem Prakash. The Supreme Court directed the trial court to expedite the proceedings in the case. This ruling marks a significant reinforcement of the principle that liberty is paramount, even in cases involving serious allegations like money laundering.