In a significant ruling, the Supreme Court of India has reiterated that the principle of “bail is the rule and jail is the exception” applies even in cases under the Prevention of Money Laundering Act (PMLA). This decision came as the court granted bail to Prem Prakash, an alleged aide of Jharkhand Chief Minister Hemant Soren, in a money laundering case.
The bench, comprising Justices BR Gavai and KV Viswanathan, set aside a previous High Court judgment, granting bail to Prakash while citing his prolonged incarceration and the delay in trial due to a large number of witnesses. The court noted that Prakash was not prima facie guilty of the offenses and posed no risk of tampering with evidence.
Relying on its previous judgment in Manish Sisodia’s case, the court emphasized that individual liberty is the norm, while deprivation of liberty must be an exception, justified by law. The court also clarified that confessions to investigating officers under PMLA would not ordinarily be admissible as evidence, referencing Section 25 of Bhartiya Sakshya Adhiniyam.
The Supreme Court’s decision reinforces the legal stance on the importance of liberty and due process, even in complex financial crime cases. Prem Prakash has been granted bail on a bond of Rs 5 lakh.
