New Delhi. In an important decision on Wednesday, the Supreme Court once again made it clear that the principle of “bail is the rule and jail is the exception” should be applied even in money laundering cases. The apex court made this remark while granting bail to Prem Prakash, considered close to Jharkhand Chief Minister Hemant Soren, in a money laundering case related to illegal mining.
Let us tell you that the bench of Justice BR Gavai and KV Vishwanathan has said in its decision that even in cases under the Prevention of Money Laundering Act (PMLA), ‘bail is a rule and jail is an exception. The bench has said in its decision that Section 45 of PMLA only stipulates that granting bail in the crime of money laundering will be subject to two conditions and this provision of this law does not change the basic principle that bail is a rule and jail is an exception. The apex court has said that ‘Section 45 of PMLA only mentions that dual conditions have to be fulfilled for granting bail. But the principle of ‘bail is a rule and jail is an exception’ is a brief description of Article 21 of the Constitution of India which states that a person will be deprived of his life or personal liberty only according to the procedure established by law.
The Supreme Court has said that individual liberty is always the rule and deprivation of anything is the exception. The apex court said that deprivation can be done only by the procedure established by law which must be lawful and reasonable. The Supreme Court has said that Section 45 of PMLA only requires that in cases where bail is subject to satisfaction of dual conditions, those conditions must be fulfilled. The bench said that ‘Therefore we have held that even in money laundering cases, bail is the rule and jail is the exception.
On August 9, the apex court, while granting bail to former Deputy Chief Minister Manish Sisodia in the corruption and money laundering case related to the excise policy, said that ‘bail is a rule and jail is an exception. The Supreme Court has reiterated its comments in the judgment passed in the Sisodia case in this case as well. The Supreme Court has made this remark while ordering the release of Prem Prakash, accused in the money laundering case related to the illegal mining scam in Jharkhand, on bail.
Prem Prakash, considered close to Chief Minister Hemant Soren, had challenged the decision of the Jharkhand High Court in the apex court, which rejected his bail plea. The Supreme Court has ordered the release of Prem Prakash on bail, quashing the March 22 decision of the Ranchi High Court.
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