SC stresses "bail is the rule and jail the exception" principle

Statements made by accused inadmissible: SC

SC relies on Manish Sisodia case verdict

Emphasizing the principle that “bail is the rule and jail the exception,” the Supreme Court today ruled that statements made by an accused while in custody in money laundering cases are not admissible as evidence. The court delivered this significant judgment while granting bail to Prem Prakash, an alleged associate of Jharkhand Chief Minister Hemant Soren, in a high-profile money laundering case.

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The decision follows closely on the heels of similar reliefs granted by the Supreme Court in other money laundering cases. Just a day prior, the court had granted bail to Bharat Rashtra Samithi leader K Kavitha, who had been arrested in March in connection with the now-scrapped Delhi liquor policy. Earlier this month, AAP leader Manish Sisodia also received bail in a related money laundering case.

In its ruling, the bench comprising Justice BR Gavai and Justice KV Viswanathan underscored that under the Prevention of Money Laundering Act (PMLA), the principle of liberty holds paramount importance. Referring to Section 45 of the PMLA, which outlines the twin conditions for granting bail, the court stated that these conditions do not override the fundamental rule that personal liberty should be preserved unless absolutely necessary.

The court reiterated that an individual’s freedom should only be curtailed through legally established procedures, and the mere existence of the twin tests in Section 45 does not justify indefinite detention.