Lagatar24 Desk
New Delhi: In a significant decision, Chief Justice of India DY Chandrachud reinforced the principle that bail is a rule, not an exception, even under stringent laws like the Prevention of Money Laundering Act (PMLA). While presiding over a three-judge bench, the Chief Justice granted bail to a 67-year-old ailing man, Amar Sadhuram Mulchandani, the former chairperson of Seva Vikas Co-operative Bank, who had been arrested under the PMLA in July 2022.
Bail Provision for the Ailing Under PMLA
Chief Justice Chandrachud emphasized the legal mandate that those who are sick or infirm should be granted bail, even under the stringent provisions of the PMLA. “The law explicitly provides that individuals who are sick can be granted bail,” the Chief Justice remarked, dismissing the argument that the accused could receive treatment in a government hospital while incarcerated.
Legal Context of the PMLA
The PMLA is unique in that it requires the accused to prove their innocence, unlike other laws where the burden of proof lies with the prosecution. Under Section 45 of the PMLA, an accused can only be granted bail if the court believes that they are not guilty of the offense and will not commit further offenses while on bail. The public prosecutor must also be given the opportunity to oppose the bail plea.
Previous Cases of Bail Under PMLA
Several high-profile individuals, including AAP leaders Arvind Kejriwal, Manish Sisodia, and BRS’s K Kavitha, were granted bail after prolonged incarceration under the PMLA. AAP’s Satyendar Jain was also granted interim bail last year on health grounds, further highlighting the court’s stance on humane considerations within the legal framework.
