SC grants bail to Sanjay Sureka in PMLA case; five-day delay in Section 19(2) filing did not vitiate arrest.
Supreme Court Allows PMLA Bail Despite Delayed Magisterial Report
The Supreme Court has granted bail to Sanjay Sureka in the Concast Steel money laundering case. The appellant had been in custody for over four years, and the Court emphasized the prolonged detention as a factor in granting relief.
A key issue was a five-day delay in filing the report under Section 19(2) of the Prevention of Money Laundering Act (PMLA). The Court held that the delay, while not condoned, did not render the arrest illegal per se, citing recent precedents on procedural compliance.
"Delay in filing the 19(2) report is relevant but not fatal unless it results in prejudice to the accused."
This judgment clarifies that technical lapses in PMLA procedure do not automatically vitiate detention, though they may weigh in bail decisions. Practitioners must ensure timely compliance but may still seek bail even with minor procedural deviations.
