New Delhi: On Wednesday, the Supreme Court ruled that even in money laundering cases, bail should be the norm, and jail an exception. The court granted bail to Prem Prakash, an aide of Jharkhand Chief Minister Hemant Soren, who was implicated in an illegal mining case by the Enforcement Directorate.
A bench comprising Justices BR Gavai and KV Viswanathan emphasized that in cases under the Prevention of Money Laundering Act (PMLA), the principle that “bail is the rule, and jail is the exception” still applies. The bench further clarified that no individual should be deprived of their liberty, and section 45 of the PMLA, which imposes stringent conditions for granting bail in money laundering cases, does not alter this fundamental principle.
The Supreme Court referenced its August 9 ruling in the money laundering and corruption cases involving former Delhi Deputy Chief Minister Manish Sisodia, affirming that the presumption of liberty is the rule, with its deprivation being the exception under legally established procedures.
The court granted bail to Prem Prakash, who is accused by the ED of being involved in illegal mining activities in Jharkhand and considered a close associate of Soren.
The Supreme Court overturned the Jharkhand High Court’s March 22 decision to deny Prakash bail and instructed the trial court to expedite the proceedings in the case.
