Balancing Liberty And Enforcement: Bail Jurisprudence Under PMLA In V. Senthil Balaji (2024 INSC 739)
- IJLLR Journal
- Sep 8
- 1 min read
Dinesh Kumar T, Lovely Professional University, School of Law
ABSTRACT:
This case comment examines the Supreme Court’s decision in “V.Senthil Balaji v. Directorate of Enforcement(2024)”, a landmark ruling in India’s money laundering jurisprudence. The case concerned allegations of a large-scale recruitment scam and laundering of proceeds through complex financial transactions. While reaffirming the existence of a prima facie case under the Prevention of Money Laundering Act, 2002 (PMLA), the Court foregrounded Article-21’s guarantee of a speedy trial, holding that indefinite pre-trial incarceration cannot be justified under Section-45 stringent bail conditions. By granting bail subject to strict safeguards, the judgment reflects a nuanced balance between protecting the integrity of financial investigations and preventing the PMLA from becoming an instrument of pre-trial punishment. Doctrinally, the ruling tempers the rigidity of Vijay Madanlal Choudhary(2022) while resonating with the constitutional reasoning of Nikesh Tarachand Shah(2017). It strengthens judicial oversight of the Enforcement Directorate and recalibrates bail jurisprudence, ensuring that India’s fight against money laundering remains firmly anchored in constitutionalism.
Keywords: Money Laundering, Prevention of Money Laundering Act(PMLA), Bail Jurisprudence, Article 21-Speedy Trial.
