ValkyaEditorial

Tagged “bail”

10 articles on bail.

Landmark JudgmentSupreme Court of India

Prem Prakash v. Directorate of Enforcement: how the Supreme Court reaffirmed 'bail is the rule' under the PMLA

On 28 August 2024, the Supreme Court granted bail to Prem Prakash — an associate of the then-Chief Minister of Jharkhand — in a Prevention of Money Laundering Act, 2002 matter, after he had spent over a year in custody. The judgment reaffirmed the constitutional principle that 'bail is the rule, jail is the exception' in PMLA cases, held statements made by an accused while in PMLA custody to be inadmissible against him under Section 50 PMLA, and continued the post-Vijay Madanlal arc in which the Court has moderated the operation of the twin bail conditions where prolonged incarceration meets the proportionality test of liberty. A digest of the holding, the doctrinal frame, and where the PMLA bail line stands now.

Valkya Editorial··8 min
Landmark JudgmentSupreme Court of India

Vijay Madanlal Choudhary v. Union of India: how the Supreme Court upheld the PMLA arrest, attachment, and twin bail conditions

On 27 July 2022, a three-judge bench led by Justice A.M. Khanwilkar upheld substantially all the contested provisions of the Prevention of Money Laundering Act, 2002 — the arrest power under Section 19, the provisional attachment power under Section 5, the search-and-seizure architecture under Section 17, the reverse-burden provision under Section 24, and the twin bail conditions under Section 45. The judgment also held that an Enforcement Case Information Report (ECIR) is not equivalent to an FIR and need not be supplied to the accused. A digest of the holdings, the doctrinal contributions, and the review now pending.

Valkya Editorial··8 min
Weekly Report

BNSS one year on: bail, custody, default release, trial in absentia, and the s.482 discretion

A year into the operation of the Bharatiya Nagarik Suraksha Sanhita, 2023, the practitioner-level architecture is now substantially visible. The Supreme Court's April 2026 disposition in Narayan v. State of Madhya Pradesh settled the s.480(3) bail-condition question. Section 187(3)'s fragmentary-custody architecture has produced a competing High Court line — the Kulkarni interpretation against the Senthil Balaji line — without a definitive Article 141 resolution. The s.482 discretion has widened, on the Chhattisgarh High Court's reading. Trial in absentia under s.356, the s.183 recording-of-statements architecture, and the s.367–369 protective regime for accused with intellectual disability have each produced their own developing doctrine. This piece reads the year's jurisprudence as one practitioner architecture.

Valkya Editorial··11 min
Weekly Report

Weekly Report: The BNSS bail framework, one year on

As the Bharatiya Nagarik Suraksha Sanhita completes its first year in force, the early picture on bail, default bail and police-station procedure is taking shape. A practitioner's scan of where the new Code has settled and where it has not.

Valkya Editorial··3 min