Bail is rule and jail is exception even in PMLA cases: Supreme Court

Abhimanyu Hazarika In a judgment of significant implications, the general principle of law that 'bail is rule and jail is exception' applies even to money laundering cases under the Prevention of Money Laundering Act (PMLA), the Supreme Court held on Wednesday while granting bail to one Prem Prakash, an alleged aide of Jharkhand Chief Minister Hemant Soren in a money laundering case.

A Bench of Justices BR Gavai and KV Viswanathan held that liberty of individual is always the rule and deprivation of the same by procedure established by law, is the exception.

The stringent conditions for bail under PMLA will to override this principle, the Court made it clear.

"Relying on the judgment in Manish Sisodia, we have said that even in PMLA, bail is a rule and jail the exception. All that S 45 specifies is the conditions to be met for bail. Liberty of the individual is always the rule and deprivation, by procedure established by law, the exception. Twin test does not take away this principle," the Court said reading out its judgment.

Pertinently, the Court also held that confessions made by a PMLA accused to an investigating office will not ordinarily be admissible as evidence and the bar against such confessions under Section 25 of Indian Evidence Act will apply.

"We hold statements of the appellant if found to be incriminating will be hit by Section 25.