In a recent order of the Hon’ble Delhi High Court, one of the Accused in the Delhi Liquor Scam was granted interim bail as test of the proviso to Section 45(1) of the PMLA, 2002 stood satisfied in the instant case. The Delhi High Court held that discretion of the Court to grant bail in PMLA cases is not to be exercised only as last resort.
What is interim bail/bail under PMLA?
Bail refers to the temporary release of an accused person in exchange of a personal bond or assurance to comply with such conditions as imposed by the Court. Before the hearing for the grant of a regular or anticipatory bail, a short-term bail is given to the accused. Such short-term bail is called ‘interim bail’. The basic jurisprudence for grant of bail remains the same, that is, bail is the rule and refusal an exception. The gravity of the offence is an important aspect in addition to the tests which are required to be kept in view by the Court. Even economic offences would fall under the category of “grave offence” in view of the consequences of financial irregularities that befall upon the society. Even if the allegation is one of grave economic offence, it is not a rule that bail should be denied in every case since there is neither such a bar created in the relevant enactment passed by the legislature, nor does the bail jurisprudence provides so.
What are the twin conditions under Section 45 of PMLA?
The concerned provision under PMLA envisages a pre-requisite twin condition for the purposes of considering grant of bail under the PMLA which inter alia includes an opportunity for the Public Prosecutor to oppose the application for such release. Where the Public Prosecutor opposes the application, the Court has to come to a conclusion that it is satisfied that there are reasonable grounds for believing that the accused is not likely to commit any offence while on bail, notwithstanding the proviso that accused persons under the age of 16, or a woman, or sick or infirm, may be granted bail on special directions. It is on the ground of medical condition coupled with the aforementioned twin test, the Court was of the view that the accused person satisfies the conditions for grant of bail in the instant case.
