Bail is rule, jail is exception even in money laundering cases: Supreme Court

The principle of "bail is the rule and jail is the exception" applies even in money laundering cases under the Prevention of Money Laundering Act (PMLA), reiterated the Supreme Court on Wednesday. The latest ruling came as the top court granted bail to Prem Prakash, an alleged aide of Jharkhand Chief Minister Hemant Soren, overturning the High Court's previous decision.

In its judgment, the apex court referenced the case of Manish Sisodia, in which bail was granted in the Delhi liquor policy case. The bench, comprising Justices BR Gavai and KV Viswanathan, stressed that individual liberty is the norm, and its deprivation must be justified by legal procedures.

Additionally, the court ruled that confessions made by an accused under the PMLA to an investigating officer would generally not be admissible as evidence, citing the bar under Section 25 of the Indian Evidence Act (now referred to as Bhartiya Sakshya Adhiniyam). The court deemed it unjust to admit such statements as evidence, particularly if they were made while the accused was in custody for another case.

In granting bail to Prakash, the Supreme Court considered his prolonged detention and the delays in trial due to the large number of witnesses. The court also noted that Prakash was not prima facie guilty of the alleged offenses and posed no risk of tampering with evidence. A bail was granted with a bond set at Rs 5 lakh.