Bail - Emerging Trends In The Context Of Money Laundering Laws

The Hon'ble Supreme Court in case of Manish Sisodia Vs Directorate of Enforcement 2024 SCC Online 1920 has upheld certain key propositions that where a trial has not merely been delayed but has not even commenced after a long period of incarceration, the same would be violative of Article 21 of the Constitution of India.

- Adv Sherry Samuel Oommen

Our Constitution in Article 21 guarantees the right to life and personal liberty, subject to procedure established by law. In the context of right to personal liberty, Courts in the recent past have enunciated certain important aspects on the scope of Article 21 of the Constitution of India especially in the context of bail jurisprudence entailing special laws.

Recently, the Hon’ble Supreme Court in the case of Frank Vitus Vs Narcotics Control Bureau and Others 2024 SCC Online SC 1657 reiterated the proposition that an Accused whose guilt is yet to be established is presumed to be innocent. Further, an Accused cannot be deprived of all of his rights guaranteed under Article 21 of the Constitution of India. In the said judgment, it was also held that Courts while imposing the bail conditions should exercise restraint else the very purpose of granting bail would get frustrated.

It must also be remembered that the object of granting bail cannot be to keep a constant vigil on the movements of the accused enlarged on bail. In the judgment of Frank Vitus, the Hon’ble Supreme Court made certain pertinent observations of the bail conditions that may be imposed by a Court granting bail, which is extracted below:

“The investigating agency cannot be permitted to continuously peep into the private life of the accused enlarged on bail, by imposing arbitrary conditions since that will violate the right of privacy of the accused, as guaranteed by Article 21. If a constant vigil is kept on every movement of the accused released on bail by the use of technology or otherwise, it will infringe the rights of the accused guaranteed under Article 21, including the right to privacy. The reason is that the effect of keeping such constant vigil on the accused by imposing drastic bail conditions will amount to keeping the accused in some kind of confinement even after he is released on bail. Such a condition cannot be a condition of bail.”