| ASPECTS | DETAILS |
| Case Title | Prem Prakash v. Union of India Through Directorate of Enforcement |
| Introduction | The appeal against the High Court of Jharkhand’s decision denying bail in a money laundering case under the PMLA, 2002. |
| Factual Background | Prem Prakash was alleged in fraudulent land transactions and accused of a money laundering case. Despite claims of innocence, his bail was denied, leading to this appeal. |
| Legal Issues | 1. Error in denying bail under Section 45 of PMLA.
2. Establishing involvement in the conspiracy and money laundering. |
| Applicable Law |
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| Analysis | The Supreme Court asked about the admissibility of evidence obtained in custody and addressed constitutional rights, finding no compelling reason to deny bail. |
| Conclusion | The Supreme Court set aside the High Court’s decision, granting bail under strict conditions as Section 45 of PMLA was satisfied. |
| Current Scenario | Prem Prakash has been granted bail, with the trial to proceed independently of these proceedings. |
CASE SUMMARY – Prem Prakash was denied bail by the High Court of Jharkhand in a money laundering case under the PMLA. The Supreme Court scrutinized the evidence, particularly the admissibility of statements obtained during custody, and found that prolonged detention without trial violated constitutional rights. Addressing that bail is the rule and jail the exception, the Supreme Court granted bail to Prem Prakash, setting aside the High Court’s decision. The appellant must follow strict bail conditions, and the trial will continue without being influenced by these proceedings.
SOURCE – SUPREME COURT OF INDIA
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