The Supreme Court on Wednesday granted bail to Prem Prakash, an alleged aide of Jharkhand Chief Minister Hemant Soren, who was arrested under the Prevention of Money Laundering Act (PMLA).
The Bench of Justice BR Gavai and Justice KV Viswanathan noted that the general principle of law – ‘bail is rule and jail is exception’ was applicable in PMLA cases also.
The Apex Court observed that the liberty of an individual was always the rule and deprivation of the same by procedure established by law, was an exception. Section 45 PMLA specified the conditions to be met for bail. The twin test did not take away this principle, it added.
The Bench recorded in its order that it was relying on the judgment passed in the case of AAP leader Manish Sisodia, wherein the Apex Court held that even in PMLA cases, bail was a rule and jail an exception.
The confessions made by a PMLA accused to an investigating office would not ordinarily be admissible as evidence and the bar against such confessions under Section 25 of the Indian Evidence Act would apply, said the order.
The Bench said the statements of the appellant, if found to be incriminating, would be hit by Section 25 of the Evidence Act. It would be a travesty to make the statement admissible merely because the accused was then under custody for another ECIR. It would be extremely unfair and against all canons of justice.
The Apex Court noted that it has to be seen on a case-to-case basis in PMLA, whether Section 25 Evidence Act would apply.
The Bench noted that in the instant case, the trial was delayed and there was a long list of witnesses to be examined. The appellant was not prima facie guilty of the offences and was unlikely to tamper with evidence. Hence, this was a fit case for bail, noted the Court.
It granted bail to Prakash on a bail bond of Rs 5 lakh and subject to other conditions to be set by the trial court.