The Supreme Court has granted bail to Jharkhand Chief Minister Hemant Soren’s aide, in a case related to illegal mining that the Enforcement Directorate is investigating. A bench of Justices BR Gavai and KV Viswanathan, reiterated that bail is the general rule even in money laundering cases.
The court said that under the Prevention of Money Laundering Act (PMLA), “bail is the rule and jail is an exception,” and that no one should be deprived of their liberty unless necessary.
Citing the August 9 ruling in the money laundering case involving former Delhi deputy chief minister Manish Sisodia, the court said that the liberty of the individual is always the rule and deprivation of it by the procedure established by law is the exception.
“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 said.
It also noted that the twin test under Section 45 of the PMLA does not alter this fundamental principle.
While granting bail to Prem Prakash, the Supreme Court noted his prolonged incarceration and the delay in trial due to a large number of witnesses. The court found no prima facie evidence of his guilt or risk of evidence tampering, setting his bail bond at Rs 5 lakh.
Earlier this month, Manish Sisodia was granted bail after spending 17 months in jail in connection with the Delhi excise policy case. The Supreme Court had deemed it unfair to require Sisodia to seek bail from lower courts, reinforcing the principle that bail should be the default rather than imprisonment.
Hemant Soren had also been arrested by the Enforcement Directorate earlier this year but was granted bail in June.
In March, Chief Justice of India DY Chandrachud had said that the principle of bail being the rule was “losing ground” in district courts, and this trend required “thorough evaluation” due to the increasing number of bail appeals reaching the Supreme Court.
