Supreme Court grants bail in Jharkhand money laundering case

The Supreme Court of India on August 28 that bail should be the rule and jail the exception, even in cases involving the Prevention of Money Laundering Act (PMLA). The apex court's decision came as it granted bail to Prem Prakash, an alleged aide of Jharkhand Chief Minister Hemant Soren, who has been implicated in a money laundering case.

The bench, comprising Justices BR Gavai and KV Viswanathan, emphasized that the principle of liberty being the rule is fundamental, citing its earlier judgment in the case of Aam Aadmi Party (AAP) leader Manish Sisodia, who was granted bail in the Delhi liquor policy scam. "Relying on the judgment in Manish Sisodia, we have said that even in PMLA, bail is a rule and jail the exception. Liberty of the individual is always the rule and deprivation, by procedure established by law, the exception," the bench stated.

Moreover, the court clarified that confessions made by an accused under PMLA to investigating officers would generally not be admissible as evidence, aligning with the provisions under Section 25 of the Bhartiya Sakshya Adhiniyam (formerly Indian Evidence Act). "It would be a travesty to make the statement admissible merely because he was then under custody for another ECIR," the court noted, stressing that admitting such statements would contravene the principles of justice.

In granting bail to Prakash, the Supreme Court considered his prolonged incarceration and the significant delays in the trial due to the extensive list of witnesses.