Nikesh Tarachand Shah v. Union of India – Constitutionality of the pre-bail conditions provided in the Prevention of the Money Laundering Act, 2002 | Shardul Amarchand Mangaldas & Co

Legal Briefing

Introduction The question “Bail or Jail?” at the pre-trail stage, as famously pointed out by the famous Indian jurist, Hon’ble V R Krishna Iyer, shall always belong to the “blurred area of the criminal justice system”[1]. The Indian courts, in line with the Eight Amendment of the US Constitution, have acknowledged that ‘bail, not jail, …