Supreme Court Bail In PMLA: Upholding the canon of law that 'Bail is the rule and jail is the exception', Chief Justice DY Chandrachud on Monday granted bail to a sick man charged under the stringent Prevention of Money Laundering Act (PMLA). Putting forward the humane face of justice, CJI said that however stringent the PMLA is, the law tells us that someone who is sick and infirm is granted bail.
The Chief Justice was presiding over a three-judge bench hearing the interim bail petition of 67-year-old Amar Sadhuram Mulchandani, former chairperson of Seva Vikas Co-operative Bank, who was arrested in July last year under the anti-money laundering act.
A non-bailable offence, getting bail under the Prevention of Money Laundering Act (PMLA) is considered extremely difficult as the onus of proving oneself innocent lies on the accused. An accused gets bail in PMLA cases only when the court is satisfied that there are reasonable grounds to believe that the person has not committed the offence and is not likely to commit any offence while on bail. Even in the second case, the prosecutor is allowed to oppose the bail.
"However stringent PMLA is, as judges we have to operate in the four corners of the law. Law tells us that someone who is sick and infirm is granted bail," Justice Chandrachud said.
"That he could be treated at a government hospital is no answer to what the statute says. Sick or infirm means you can be granted bail," he added.
"Proviso to Section 45 (1) of PMLA specifically contemplates that a person who 'is sick or infirm' may be released on bail if the special court so directs," the bench said in its order.
Earlier, the apex court allowed bail to AAP Supremo Arvind Kejriwal, Manish Sisodia and BRS leader K Kavitha, who were lodged in jail in a money laundering case linked to the Delhi excise policy scam.