Twin test for bail under Section 45 PMLA is not an instrument to imprison suspects indefinitely: Delhi High Court

The two bail applicants were the vice presidents of BSL’s finance and accounting departments. They were accused of helping the ex-promoters of BSL (main defendant) in the money laundering case.

While granting them bail, the Court also reiterated the same “Bail is the rule and prison is the exception” in view of Article 21.

“Freedom is the usual course of action, and taking it away is a roundabout way. That is why safeguards have been imposed to ensure that the deprivation of liberty only takes place in accordance with a procedure laid down by law.” the Court added.

The Court further notes that the main suspect and a similar co-suspect have already been released on bail. It therefore granted bail to the two suspects on different conditions.

“Given the totality of the facts and circumstances, the fact that the main suspects are out on bail, the period of detention they have undergone and that the trial has yet to begin, taking into account the tenor of the above-discussed Catena of decisions of the Supreme Court, it is ordered that both the applicants be released on bail.” said the Court.