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2 min read

Supreme Court Grants Interim Bail to PMLA Accused for Jharkhand Assembly Elections

The Supreme Court today granted interim bail to Subhash Prasad Yadav, accused in a money laundering case, allowing him to contest the upcoming Jharkhand Assembly elections scheduled for November 13. The order, which permits Yadav to remain out of custody until November 14, was passed by a bench comprising Justices Surya Kant and Ujjal Bhuyan. The Court directed Yadav to surrender to jail authorities by 5 pm on November 14, clarifying that this interim bail order is not to be considered as precedent.


Yadav’s petition, challenging a previous dismissal by the Patna High Court, was filed through Advocate-on-Record Pankaj Bhagat. The Court initially required Yadav to provide proof of his candidacy in the Jharkhand Assembly election as a Rashtriya Janata Dal (RJD) candidate, which his legal team subsequently submitted. However, the Enforcement Directorate (ED), represented by Additional Solicitor General (ASG) SV Raju, objected, asserting that Section 45 of the Prevention of Money Laundering Act (PMLA) restricts interim bail grants and that campaigning for elections should not be grounds for granting bail.


ASG Raju argued that Yadav had concealed information from the Court and noted that a previous order permitting him to file a nomination was recalled because ED was not initially made a party to that proceeding. The bench acknowledged that the situation could set a precedent, potentially leading to a surge in similar requests. Nonetheless, it emphasized that Yadav, not having been convicted, retains the presumption of innocence.


The Supreme Court’s order took note of the fact that Yadav's regular bail application is pending before the High Court. The bench requested the High Court to prioritize this application while refraining from expressing any opinion on the merits of Yadav’s bail request. Yadav’s interim release is conditioned on furnishing bail bonds to the satisfaction of the Special Judge overseeing his case.


This development follows a similar interim bail granted by the Supreme Court to AAP leader Arvind Kejriwal in a PMLA case, which Yadav’s counsel cited as precedent. The charges against Yadav stem from an ED complaint involving alleged illegal sand mining and financial misconduct by Broadson Commodities Pvt Ltd.






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