Right To Bail Should Be Read Into S.45 PMLA When Accused Has Spent Long Time In Custody & There's Delay In Trial : Supreme Court

While allowing the bail plea of former Delhi Deputy Chief Minister Manish Sisodia in relation to the liquor policy case, the Supreme Court recently observed that in cases where there has been a delay in trial and the accused has spent a long period in custody, right to bail shall be read into Section 439 CrPC and Section 45 of the Prevention of Money Laundering Act (PMLA). The same will however depend on the nature of allegations, as well.

"...in case of delay coupled with incarceration for a long period and depending on the nature of the allegations, the right to bail will have to be read into Section 45 of PMLA," said the bench of Justices BR Gavai and KV Viswanathan.

The observation came in response to a submission made by Additional Solicitor General SV Raju that Section 45 PMLA would come in the way of grant of bail to Sisodia. It was a reference to views expressed by a Justice Sanjiv Khanna-led bench in October, 2023 while dealing with earlier bail pleas filed by Sisodia in the liquor policy case. In that judgment, the top Court opined:

(i) That constitutional mandate is the higher law;

(ii) That it is the basic right of a person charged of an offence and not convicted that he be given a speedy trial;

(iii) That when trial is not proceeding for reasons not attributable to the accused, the court, unless there are good reasons, would be guided to exercise the power to grant bail; and

(iv) That the above factors would particularly guide the courts in cases where the trial would take years.

To bolster the view, the bench of Justices Gavai and Viswanathan cited a recent Supreme Court judgment delivered in Ramkripal Meena v. Directorate of Enforcement, where a bench of Justices Surya Kant and Ujjal Bhuyan relaxed the twin conditions under Section 45 PMLA and granted bail to the petitioner-accused citing long period of custody and the likelihood of trial not being concluded in a short span of time. The petitioner was accused of leaking and distributing question papers of the Rajasthan Eligibility Examination for Teachers, 2021 (REET), for a payment of Rs.1.20 crores.

Based on the above guiding factors, the Court concluded in Sisodia's case that, "on account of a long period of incarceration running for around 17 months and the trial even not having been commenced", he was deprived of his right to speedy trial. As such, the Court granted bail.

Other reports on the judgment can be read here.

Case Title:

[1] Manish Sisodia v. Directorate of Enforcement, SLP(Crl) No. 8781/2024;

[2] Manish Sisodia v. Central Bureau of Investigation, SLP(Crl) No. 8772/2024

Citation : 2024 LiveLaw (SC) 563

Click here to read/download the judgment