Blog > Sant Kumar Sinha vs. Union of India (Supreme Court)

Sant Kumar Sinha vs. Union of India (Supreme Court)

What Happened?

A woman named Sant Kumar Sinha was arrested by the Enforcement Directorate (ED) in October 2021 under the PMLA (Prevention of Money Laundering Act). She had been in jail for a long time without her trial even starting. She approached the Supreme Court after the Patna High Court rejected her bail plea.

Key Points:
  • The petitioner was accused in money laundering cases linked to other crimes (called "predicate offences").
  • The ED had filed an ECIR (Enforcement Case Information Report) and later a prosecution complaint.
  • Even after months in custody, charges weren't formally framed against her.
  • The maximum punishment under PMLA is 7 years imprisonment
Supreme Court's Ruling
  1. Bail Granted: Considering the petitioner was a woman and had been in prison for a significant period, the SC directed her release on bail.
  2. Timeline: Ordered by the Special Court to release her within 7 days of SC's order.
  3. Legal Principle Reiterated:
    • "Bail is the rule, jail the exception."
    • Courts must balance personal liberty with investigative needs, especially when trial delays occur.
  4. Victim's Right to Appeal:
    • Referenced Section 372 CrPC, which allows victims (including legal heirs) to appeal without preconditions.
    • Contrasted with Section 378 CrPC, which imposes conditions on the State/complainant’s appeal rights.
    • Noted that in Section 138 NI Act cases, the State has minimal involvement, reinforcing the victim's independent right to appeal.
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Important Legal Observations:
  1. The Court stressed that keeping someone in jail before trial should be rare, not common
  2. Explained how victims (or their families) can appeal under Section 372 CrPC without special conditions
  3. Noted this is different from how the State or complainants must follow stricter rules to appeal
  4. Pointed out that in cheque bounce cases (Section 138 NI Act), the State usually doesn't get involved
Significance of the Judgment
  • Reinforces personal liberty under Article 21, especially for undertrials.
  • Affirms that prolonged detention without trial is unjustifiable when charges aren’t framed.
  • Clarifies the victim’s appeal rights under CrPC, ensuring access to justice.

Outcome: The Supreme Court ordered the special PMLA court to release the woman on bail within 7 days, following proper procedures.