The Supreme Court emphasised the principle of,”Bail is the rule and jail is the exception” while granting bail to the accused w.r.t.offences related to corruption and money laundering.Thus, the days of bail in cases of money laundering seem to be over.
State of Maharashtra v. Anil Deshmukh
2025 SCCnLine SC 45
Background:
Anil Deshmu, the former Home Minister of Maharashtra, was arrested on charges of corruption and money laundering. He filed a application after spending several months in custody, arguing that the investigation was complete and that he was not a flight risk.
Judgment Summary:
The Supreme Court granted bail to Anil Deshmukh, emphasising the principle that bail is the rule and jail is the exception. The Court noted since the investigation was complete and a chargesheet had been filed, the continued detention of the accused was not necessary. The Court also tooto account Deshmukh’s health conditions and his cooperation during the investigation.
Legal Principles nciated:
- Presumption of Innocence: An accused is presumed nocent until proven guilty, and unnecessary detention violates this principle.
- Right to Bail: l should be granted unls there are compelling reasons to deny it, such as the likelihood of the accused absconding or tampering with evidence.
Operative Part of the Jment:
The Court directed the releasof Anil Deshmukh on bail, subject to certain conditions, including the surrender of his passport, regular reporting to the investigating agency, and a prohibition on contacting witnesses.
Conclusion:
This judgmereinforces the funmental legal principle that bail is the norm, especially when the investigation is complete, and there is no substantial risk of the accused fleeing or interfering with the judicial process.
Note: For a detailed reading, can access the full judgment here.