PMLA Accused Who Has Spent Half Of Maximum Sentence As Undertial Can Be Given Bail Under S.436A CrPC : Supreme Court

The Supreme Court reaffirmed the applicability of Section 436A of the Code of Criminal Procedure to accused individuals under the Prevention of Money Laundering Act, 2002 (PMLA). Section 436A mandates the release on bail of undertrial prisoners who have spent half the maximum prescribed sentence period. Citing the 2022 judgment in Vijay Madanlal Choudhary v. Union of India, the court emphasized that Section 436A can indeed be invoked in PMLA cases, considering it a beneficial provision. \r

Following this precedent, Justices Abhay S Oka and Ujjal Bhuyan granted bail to an undertrial prisoner, noting that the trial had not yet commenced, let alone charges being framed. The court observed that denial of bail under such circumstances would be unjust, directing the completion of bail formalities before the trial court. This decision was rendered in the case of Ajay Ajit Peter Kerkar v. Directorate of Enforcement and another, as reported in the 2024 LiveLaw (SC) 400 citation.