VidhiSangh

Supreme Court of India · 28/08/2024

PREM PRAKASH versus UNION OF INDIA THROUGH THE DIRECTORATE OF ENFORCEMENT

[2024] 8 S.C.R. 955 · 2024 INSC 637

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Summary

The Supreme Court granted bail to the appellant in a PMLA case over a land transaction based on a forged deed. It held that 'bail is the rule' applies even under Section 45 PMLA, and that statements recorded under Section 50 while the accused was in custody in another case of the same agency are inadmissible against him. Co-accused statements are not substantive evidence, and the material did not prima facie show his involvement, so the twin conditions were satisfied.

Issues

  1. How the twin conditions for bail in Section 45 PMLA are to be applied, and whether the principle that bail is the rule and jail the exception applies to PMLA offences.
  2. What the prosecution must show at the bail stage, by its counter affidavit, to raise the presumption under Section 24 PMLA.
  3. Whether statements under Section 50 PMLA recorded while the accused was in judicial custody in another case investigated by the same agency are admissible against him.
  4. What evidentiary value the Section 50 statements of co-accused carry against the appellant.
  5. Whether the appellant satisfied the twin conditions and should be released despite another pending ECIR and allegations about his conduct in jail.

Provisions considered

Held

Result

Appeal allowed; High Court order of 22.03.2024 set aside; appellant to be released on bail in ECIR No. 5 of 2023 on a bond of Rs. 5 lakh with two sureties, surrender of passport, reporting to the Investigating Officer every Monday and Thursday, and no attempt to influence witnesses or tamper with evidence; observations confined to bail.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 955.