The Supreme Court on August 27, 2024 granted bail to a woman leader of a political party in graft and money laundering cases registered by the CBI and Enforcement Directorate (ED) respectively in connection with the alleged Delhi excise policy scam.
PMLA bail provisions
- The Supreme court said that the concession provided to women under the PMLA owes its origin to Article 15(3) of the Constitution, which mandates that the state make special provisions for women and children, identifying them as vulnerable groups.
- Section 45 of the PMLA imposes stringent “twin conditions” for obtaining bail in money laundering cases:
- The accused has to prove that he or she is prima facie innocent of the offence and , the accused should be able to convince the judge that he or she is not likely to commit any offence while out on bail.
- These rigorous requirements make the provision draconian, virtually rendering it impossible for anyone to obtain bail until the completion of the trial.
- There is a crucial exception to this bail standard. The proviso to clause (1) of Section 45 allows courts the discretion to exempt persons below 16 years of age, women, the sick or the infirm from these dual conditions for bail.
- It is similar to the exemptions provided for women and minors under other criminal law statutes — such as under Section 437 of the Code of Criminal Procedure, 1973 (CrPC).
