THE JHARKHAND STORY DESK
New Delhi, August 28: Prem Prakash, popularly known as a ‘power broker,’ has been granted bail by the Supreme Court in the Cheshire Home Road land scam case.
A bench of Justices B.R. Gavai and K.V. Viswanathan granted bail to Prem Prakash on Wednesday.
Earlier, on July 29, the apex court had reserved its judgment after hearing arguments from both the Enforcement Directorate (ED) and Prem Prakash. The court announced its decision today.
Notably, the ED had arrested Prem Prakash on August 25, 2022. Prior to this, the ED had conducted a raid at Prem Prakash’s Shailodaya residence in Harmu, during which two weapons were recovered from his home.
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Bail is a rule and jail is an exception: SC
The bench stated that the court has held that even in the Prevention of Money Laundering Act (PMLA) cases, “bail is a rule and jail is an exception.”
The bench stated that no individual should be denied their liberty, emphasizing that Section 45 of the PMLA, which imposes dual conditions for granting bail in money laundering cases, does not alter the principle to suggest that depriving someone of their liberty is the standard practice.
The Supreme Court cited its August 9 decision in the money laundering and corruption cases against former Deputy Chief Minister Manish Sisodia, underscoring that the rule is to uphold individual liberty, with deprivation through legal processes being the exception.
“Twin test under section 45 of the PMLA does not take away this principle,” the bench ruled.