Introduction:

The Supreme Court reiterated the applicability of Section 436A of the Code of Criminal Procedure (CrPC) to accused individuals under the Prevention of Money Laundering Act, 2002 (PMLA). In the case of Ajay Ajit Peter Kerkar v. Directorate of Enforcement, the Court emphasized the importance of this provision in ensuring timely bail for undertrial prisoners.

Arguments of Both Sides:

The case involved the Directorate of Enforcement and an undertrial prisoner, represented by their respective legal counsels. The defense argued for the application of Section 436A CrPC, highlighting the need for bail considering the period of incarceration and the absence of trial commencement. The prosecution may have presented counterarguments against granting bail, citing potential risks or the seriousness of the charges.

Court’s Judgement:

The bench, comprising Justices Abhay S Oka and Ujjal Bhuyan, referenced the 2022 judgment in Vijay Madanlal Choudhary v. Union of India, affirming the application of Section 436A in PMLA cases. Despite acknowledging the court’s discretion to deny relief based on certain grounds, such as trial delay at the accused’s instance, the Court opted to grant bail. With charges yet to be framed and trial proceedings not initiated, the Court deemed the undertrial prisoner eligible for bail under Section 436A CrPC, to be effective on a specified date.