
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
Live LawWhile 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. ".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. In that judgment, the top Court opined: That constitutional mandate is the higher law; That it is the basic right of a person charged of an offence and not convicted that he be given a speedy trial; 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 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.
History of this topic

Custody Of Two Years and Four Months The New Norm For Bail In PMLA Cases?
Live Law
Investigating Officer Must Be Given 'Free-Hand' While Probing Case Involving Serious Allegations: Andhra Pradesh High Court
Live Law
Man Spends 4+ Yrs In Jail Without Trial For Offence With Max 5 Yrs Sentence, P&H High Court Laments ₹1 Crore Bond Condition For Default Bail
Live Law
A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences
Live Law
Supreme Court Grants Pre-Arrest Bail To Former Chhattisgarh Advocate General Satish Chandra Verma In NAN Scam Case
Live Law
Prevention Of Money Laundering Act (PMLA): All India Annual Digest 2024
Live Law
Supreme Court Annual Digest 2024: Prevention of Money Laundering Act, 2002
Live Law
Bank Fraud | Punjab & Haryana High Court Grants Bail To Man Booked Under PMLA On Grounds Of Long Incarceration
Live Law
Supreme Court Grants Bail to JJM Scam Accused Padam Chand Jain In PMLA Case, Clarifies That Bail To Manish Sisodia Was Not Granted Under Article 142
Live Law
SC raps govt, ED for efforts to deny bail in PMLA cases
Hindustan Times
Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement
Live Law
Satara medical admissions scam: PMLA court refuses bail to education society head
Hindustan Times
Speedy trial takes precedence over anti-terror law provisions: SC
Hindustan Times
Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 2024
Live Law
UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court
Live Law
Ahead Of Delhi Elections, Manish Sisodia Gets BIG Relief From Supreme Court
ABP News
Excise policy case: SC relaxes bail condition for Manish Sisodia
Hindustan Times
Excise policy cases: SC relaxes Manish Sisodia's bail conditions
Deccan Chronicle
Delhi Excise Policy Case : Supreme Court Deletes Bail Condition Requiring Manish Sisodia To Appear Before CBI & ED Twice A Week
Live Law
SC relaxes bail conditions for Manish Sisodia in excise policy cases
New Indian Express![[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC](/static/images/error.jpg)
[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC
Live Law
Suspended IAS officer Pooja Singhal gets bail in MGNREGA scam case
New Indian Express
SC grants bail to SRS group chairman who was arrested in 2018
Hindustan Times
Liquor Policy: Manish Sisodia Moves Delhi High Court Against Cognizance Of ED Chargesheet
Live Law
Will Ask PMLA Accused Seeking Bail On Ground Of Delay In Trial To File Undertaking Against Seeking Adjournments: Supreme Court
Live Law
Gujarat Court Grants Anticipatory Bail To Journalist Mahesh Langa In Cheating FIR, Says Dispute Over Non Payment Of Money Is Civil In Nature
Live Law
SC seeks ED, CBI responses on Sisodia plea to tweak bail terms
Hindustan Times
SC notice to CBI, ED seeking relaxation on bail conditions for Manish Sisodia
Hindustan Times
Supreme Court notice to CBI, ED on Manish Sisodia's bail relaxation plea
Hindustan Times
Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA
Live Law
Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case
Live Law
Disposing bails, money laundering cases: A look at DY Chandrachud's tenure as Chief Justice
India Today
After Kejriwal, Supreme Court Grants Interim Bail To Another PMLA Accused For Contesting Elections; Clarifies Order Not To Be Treated As Precedent
Live Law
High Court Rejects Plea to Grant Bail to Satyendar Jain's Aides in Money Laundering Case
Hindustan Times
High Court Rules on Use of Section 45 of PMLA for Incarceration: No Implication for Delay in Trial
Live Law
PMLA case:Former Punjab minister Ashu forced to withdraw bail plea due to lawyers’ goof up
Hindustan Times
Legally Speaking | 'Bail, not jail': A look at the recent judgements on bail in the Supreme Court
Hindustan Times
Delhi excise policy case: SC grants bail to former AAP functionary Vijay Nair in PMLA case after 23 months
New Indian Express
'Bail is the rule, jail exception, even under PMLA': Supreme Court grants relief to Hemant Soren's aide
Hindustan Times
Bail always the norm, even in money laundering cases: SC
The Hindu
Excise case: Supreme Court to hear Arvind Kejriwal’s bail application today
Hindustan Times
The top court as custodian of liberties
The Hindu
AAP hails Manish Sisodia’s bail as a victory for democracy
New Indian Express
AAP's Manish Sisodia walks free after 17 months as SC gives bail
Hindustan Times
Ruling on Sisodia calls for judicial reforms in bail process
Hindustan Times
Supreme Court verdict on Manish Sisodia revives ‘bail, not jail, is the rule’ adage
The Hindu
Watch | Manish Sisodia gets bail: what the Supreme Court said
The Hindu
Manish Sisodia walks out of Tihar jail after 17 months: ‘I was not alone’
Hindustan Times
Manish Sisodia gets bail: Congress, DMK react to Supreme Court verdict; family rejoice
Hindustan TimesDiscover Related
























![IBC Cases Weekly Round Up [17th March-23rd March 2025]](/static/images/error.jpg)




















