- Supreme Court Ruling: The Supreme Court stated that “bail is the rule and jail is the exception,” even under the stringent provisions of the Prevention of Money Laundering Act (PMLA).
- Context: The ruling was made while granting bail to Prem Prakash, an alleged aide of Jharkhand Chief Minister Hemant Soren, in a money laundering case.
- Legal Principle: The judgment emphasized that the principle of “bail is the rule and jail is the exception” aligns with Article 21 of the Indian Constitution, which guarantees that no person shall be deprived of their life or personal liberty except according to the procedure established by law.
- Section 45 PMLA: The Court clarified that Section 45 of the PMLA, which imposes certain conditions for granting bail, does not override the constitutional principle that liberty is the norm, and deprivation of liberty must be reasonable and based on valid legal procedures.
- Conditions for Bail: The Court acknowledged that while Section 45 PMLA sets twin conditions for granting bail, these conditions must be satisfied, but they do not imply that deprivation of liberty is the default position.
- Case-Specific Judgment: In the case of Prem Prakash, the Court found that there was no prima facie evidence of guilt and that the accused was unlikely to tamper with evidence, leading to the decision to grant bail.
- Bail Conditions: The Supreme Court granted bail to Prem Prakash, subject to the furnishing of a ₹5 lakh bail bond and other conditions set by the trial court.
This ruling reinforces the idea that the right to liberty is fundamental and that bail should be granted unless there are compelling reasons to deny it.