Bail is the Rule, Jail is the Exception Even in PMLA Cases: Supreme Court

New Delhi: In a judgment delivered on Wednesday (August 28), the Supreme Court said that even in the Prevention of Money Laundering Act (PMLA), bail is the rule and jail is the exception.

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A bench of Justices B.R. Gavai and K.V. Viswanathan said so while granting bail to an accused in a money laundering case, reported LiveLaw.

“We have held that even in PMLA, bail is the rule and jail is the exception,” Justice Viswanathan said while pronouncing the judgment.

While the Jharkhand High Court had earlier denied bail to the petitioner, the Supreme Court set aside the High Court’s judgment and granted bail to the petitioner after considering the long incarceration of the person and delay in trial.

The bench also opined that the prosecution must prima facie establish foundational facts for the reverse burden of proof to apply as per Section 24 of the PMLA.

“All that Section 45 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 of India which states that no person shall be deprived of his life or personal liberty except according to the procedure established by the law. Liberty of the individual is always the rule and deprivation is the exception. Deprivation can be made only by the procedure established by the law which has to be valid and reasonable. S.45 PMLA by imposing twin conditions does not rewrite this principle to mean that deprivation is the norm and liberty is the exception. All that is required is that in cases where bail is subject to the satisfaction of the twin conditions, those conditions must be satisfied,” says the Supreme Court Judgment, reported LiveLaw.