Supreme Court Affirms Bail Eligibility Under Section 436A CrPC for PMLA Accused
In a significant ruling, the Supreme Court has reiterated that individuals accused under the Prevention of Money Laundering Act, 2002 (PMLA) are eligible for bail under Section 436A of the Code of Criminal Procedure (CrPC). This provision mandates that an undertrial prisoner who has served half of the maximum prescribed sentence should be released on bail.
Background and Key Rulings
Section 436A CrPC was highlighted in the context of an accused nearing three and a half years of incarceration by 26th May 2024, meeting the criterion of having served half of the prescribed sentence. The Supreme Court’s precedent in the 2022 case of Vijay Madanlal Choudhary v. Union of India played a pivotal role in this decision, wherein it was established that Section 436A applies to PMLA cases. The Court had emphasized that denying this relief would be inappropriate as Section 436A was incorporated after the PMLA’s enactment, thus offering a beneficial provision to the accused.
In the present case, the bench comprising Justices Abhay S Oka and Ujjal Bhuyan allowed the release of the undertrial prisoner on bail, acknowledging that the trial had not been delayed by the accused, and charges had not yet been framed.
Key Observations
The Supreme Court noted, “Section 436A of the Code of Criminal Procedure, 1973 (CrPC) applies even to cases under the PMLA. However, relief under this section can be denied if the trial is delayed due to the accused.” In this instance, with charges not yet framed, the Court found no grounds to attribute the trial delay to the accused, thus entitling the appellant to bail under Section 436A CrPC effective 27th May 2024. The bail formalities are to be completed before the trial court.
Case Details
- Case Title: Ajay Ajit Peter Kerkar v. Directorate of Enforcement and Another
For further details, read the full order [here](link)
