Supreme Court Reiterates Bail Principle in PMLA Cases

The Supreme Court of India has reiterated the principle that 'bail is the rule and jail is the exception' even under the Prevention of Money Laundering Act (PMLA), 2002. This principle was reaffirmed in recent cases granting bail to former Delhi Deputy Chief Minister Manish Sisodia, BRS leader K Kavitha, and Hemant Soren’s aide Prem Prakash. The court emphasized that the 'twin conditions' under Section 45 of the PMLA do not override the fundamental right to liberty enshrined in Article 21 of the Constitution. These rulings could lead to a significant increase in bail grants, potentially easing the burden on overcrowded jails and compelling investigative agencies to strengthen their cases. The Supreme Court also ruled that incriminating statements made in custody are inadmissible as evidence. This shift in judicial attitude is seen as a welcome change, but its consistency in future cases remains to be observed, especially with pending bail applications like that of Delhi Chief Minister Arvind Kejriwal.