Supreme Court grants bail to accused in a massive money laundering case, observing that prolonged custody without trial infringes constitutional safeguards.
SC Grants Bail in ₹6,210 Crore PMLA Case After 20-Month Custody
The Supreme Court has granted bail to an accused in a high-profile money laundering investigation involving ₹6,210 crore under the Prevention of Money-Laundering Act, 2002 (PMLA), noting that nearly 20 months of pre-conviction incarceration had passed without trial conclusion. The Court emphasized that prolonged detention without adjudication undermines constitutional protections under Article 21.
The bench observed that
'Prolonged incarceration, if allowed to continue, will set at naught the constitutional safeguards extended to accused persons.'The Court applied the doctrine of presumptive bail and considered factors such as the length of custody, stage of investigation, and absence of flight risk. While not minimizing the gravity of the offence, it underscored that bail is a rule and jail an exception during trial.
This order signals a growing judicial scrutiny of extended custody in PMLA cases, especially where the trial has delayed despite adequate investigation. Practitioners should leverage this precedent when seeking bail in prolonged pre-trial detentions under stringent economic offences statutes, particularly where procedural timelines under PMLA have been exceeded.
Citations
- Prevention of Money-Laundering Act, 2002
- Article 21, Constitution of India
