‘Bail is the rule, jail exception, even under PMLA’: SC’s relief to Soren’s aide

Granting relief to Jharkhand chief minister Hemant Soren’s aide in an illegal mining-related case registered by the Enforcement Directorate, the Supreme Court on Wednesday said even in money laundering cases, bail is the rule.
A bench of Justices BR Gavai and KV Viswanathan that even in cases under the Prevention of Money Laundering Act (PMLA), “bail is the rule and jail is an exception.”
The court said no individual should be deprived of his/her liberty. The court said that section 45 of the Act does not rewrite the principle to mean that deprivation of liberty is the norm.
Referring to the August 9 verdict in the money laundering cases linked to former Delhi deputy chief minister Manish Sisodia, the court said that the liberty of the individual is always the rule and deprivation of it by the procedure established by law is the exception.
“Twin test under section 45 of the PMLA does not take away this principle,” the bench held.
The court granted bail to a man named Prem Prakash, who is reportedly a close aide of Hemant Soren.
Earlier this month, Manish Sisodia was granted bail after an incarceration of 17 months in the Delhi excise policy case.
The Supreme Court ruled it would be unjust to force Manish Sisodia to seek bail from lower courts.
The court stressed that bail should be the rule, not jail.
Sisodia, the former Delhi deputy chief minister, was arrested by the CBI on February 26, 2023, for alleged irregularities in the Delhi excise policy 2021-22.
Also read: Jharkhand high court grants bail to Hemant Soren in land scam case
The bench, comprising Justices BR Gavai and KV Viswanathan, noted that Manish Sisodia has been in custody for 17 months without the trial starting, which has deprived him of his right to a speedy trial.
Hemant Soren was also arrested by the Enforcement Directorate earlier this year. He was released on bail in June.
With inputs from PTI