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Supreme Court Grants Bail in PMLA Case, Affirms 'Bail is the Rule' Principle

The Supreme Court has granted bail to Prem Prakash in a money laundering case, emphasizing that bail should be the default and jail the exception, even under the Prevention of Money Laundering Act 

28-08-2024
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The Supreme Court ruled on Wednesday that the principle of "bail is the rule and jail is the exception" applies to cases under the Prevention of Money Laundering Act (PMLA), granting bail to Prem Prakash, an alleged associate of Jharkhand Chief Minister Hemant Soren. This decision overturned the High Court's previous ruling.

In its judgment, the Supreme Court referenced its earlier ruling in the Manish Sisodia case, where bail was granted in the alleged Delhi liquor policy scam. The Court emphasized that individual liberty is paramount, and incarceration should be the exception, not the rule.

The Court also clarified that confessions made by an accused under PMLA to an investigating officer are generally inadmissible, citing Section 25 of the Indian Evidence Act. It stated that such statements should not be used as evidence if they were made while the accused was in custody.

In granting bail to Prem Prakash, the Supreme Court considered his extended period of detention and the delays in trial caused by numerous witnesses. The Court determined that Prakash was not prima facie guilty of the charges and posed no risk of evidence tampering. Consequently, bail was granted with a bond of Rs 5 lakh.

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