Why in news
The Supreme Court held that bail is the rule and jail an exception even in money laundering cases.
The judgment, granted relief to Jharkhand CM Hemant Soren’s aide, Prem Prakash, in an illegal mining-related case registered by the Enforcement Directorate
The court held that Section 45 of the Prevention of Money Laundering Act (PMLA) should not be construed by the prosecution in such a way to make bail an impossibility in money laundering cases
The court said bail is must if the twin conditions of Section 45 were satisfied —
there should be reasonable grounds to believe the accused to be prima facie innocent
he would not commit any crime while out on bail.
SC said :
Liberty of the individual is always a rule and deprivation is the exception.
Deprivation can only be by the procedure established by law, which has to be a valid and reasonable procedure
COMMENTS