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The principle that bail is the standard while imprisonment is the exception, and that even strict laws possess a compassionate aspect, was reiterated once more today by Chief Justice of India DY Chandrachud, who permitted bail for a ill person apprehended under the stringent anti-money laundering regulations. “Despite the severity of PMLA, as judges we are required to function within the boundaries of the law. The law indicates that someone who is ill and incapable should receive bail,” Justice Chandrachud remarked.
“The fact that he could receive treatment at a public hospital does not address what the legislation specifies. Being sick or infirm implies eligibility for bail,” he further stated, while overseeing a three-judge panel considering the provisional bail application of 67-year-old Amar Sadhuram Mulchandani, the former chairperson of Seva Vikas Co-operative Bank, who was detained in July of the previous year.
The Prevention of Money Laundering Act, referred to as PMLA, is non-bailable since, unlike other statutes, the accused is required to demonstrate that he is not guilty.
A detainee is granted bail only when the judiciary is convinced that there are plausible grounds for belief in his non-guilt of the offense and that he is not likely to commit any crime while on bail. Nevertheless, the public prosecutor must be allowed to contest the bail request.
This clause — specified under Section 45 of the statute – was upheld previously by the Supreme Court.
The panel remarked today that the “Proviso to Section 45 (1) of PMLA clearly states that an individual who ‘is sick or infirm’ may be granted bail if directed by the special court”.
Previously, numerous individuals, including Aam Aadmi Party’s Arvind Kejriwal, Manish Sisodia, and Bharat Rashtra Samithi’s K Kavita had received bail, albeit after spending extended periods in incarceration. AAP’s Satyendar Jain also obtained provisional bail last year based on health considerations.
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