SC says 'Bail is the rule and jail is the exception’ even applies to PMLA cases

New Delhi: The Supreme Court on Wednesday ruled that the principle of criminal jurisprudence that "bail is the rule and jail is the exception" even applies to cases registered under the Prevention of Money Laundering Act (PMLA).

A bench of Justices B.R. Gavai and K.V. Viswanathan said that the 2022 judgment in the Vijay Madanlal Choudhary case, which had upheld the power of the Enforcement Directorate relating to arrest, searches, seizures, and attachment of property, categorically provided that while Section 45 of PMLA restricts the right of the accused to grant of bail, it could not be said that the conditions provided under the provision impose absolute restraint on the grant of bail.

"All that Section 45 of PMLA mentions is that certain conditions are to be satisfied. The principle that 'bail is the rule and jail is the exception' is only a paraphrasing of Article 21 of the Constitution, which states that no person shall be deprived of his life or personal liberty except according to the procedure established by law. Liberty of the individual is always a rule and deprivation is the exception," the bench said, IANS reported.

Under Section 45 of the PMLA, twin tests must be met to obtain bail. First, the court should be convinced that there are reasonable grounds for believing that the accused is not guilty of such an offence. Second, the court should be convinced that the accused seeking bail is not likely to commit any offence while on bail.

"Section 45 of PMLA by imposing twin conditions does not re-write this principle to mean that deprivation is the norm and liberty is the exception," the apex court said. It added that where the accused has already been in custody for a considerable number of months and there is no likelihood of conclusion of trial within a short span, the rigours of Section 45 of PMLA can be suitably relaxed to afford conditional liberty.

The top court said that keeping a person behind bars for unlimited periods of time in the hope of speedy completion of the trial would deprive his fundamental right under Article 21 of the Constitution, adding that "prolonged incarceration before being pronounced guilty ought not to be permitted to become the punishment without trial".

The SC's stand came as it allowed the bail plea of Prem Prakash, accused of being involved in illegal mining in Jharkhand, on furnishing bail bonds for a sum of Rs 5 lakh with 2 sureties of the like amount. "The appellant shall surrender his passport with the trial court and the appellant shall report to the Investigating Officer on every Monday and Thursday between 10 and 11 a.m. He shall not make any attempt to influence the witnesses and tamper with the evidence," it ordered.