In V. Senthil Balaji vs. The Deputy Director case, SC granted bail to accused in money laundering case under Prevention of Money Laundering Act (PMLA), 2002.
SC Observations
- Need for expeditious disposal of trial in cases under laws (PMLA, UAPA and NDPS Act) having a higher threshold for grant of bail.
- Section 45 of PMLA does not confer power on state to detain an accused for an unreasonably long time.
- Bail is not to be withheld as a punishment.
- Stringent bail conditions do not take away power of Constitutional Courts to grant bail on grounds of violation of Part III of Constitution of India. (K.A. Najeeb case)
- In cases of clean acquittal after prolonged incarceration as an undertrial, may amount to violation of rights under Article 21 (right to speedy trial and dignity) and may give rise to a claim for compensation.
About PMLA, 2002
- Act to prevent money-laundering and provide for confiscation of property derived from, or involved in, money-laundering and related matters.
- Under Section 45, bail can be granted to an accused only if conditions are satisfied:
- Prima facie satisfaction that accused has not committed offence and he is not likely to commit any offence while on bail.
