Supreme Court Grants Bail to Former Rajasthan Minister Mahesh Joshi in PMLA Case

Apex Court Cites Prolonged Detention and Constitutional Safeguards under Article 21 for Bail Decision

In a significant ruling, the Supreme Court of India has granted bail to Mahesh Joshi, a 71-year-old former minister of the Public Health and Engineering Department, Government of Rajasthan, who was arrested in connection with a money laundering case under the Prevention of Money Laundering Act, 2002 (PMLA). The judgment, delivered by a bench comprising Justices Dipankar Datta and Augustine George Masih, emphasized the need to uphold constitutional safeguards under Article 21, which addresses the right to personal liberty.

Joshi had been in custody since April 2025 due to allegations of financial irregularities involving the use of forged IRCON certificates in public tenders. The Supreme Court noted that several co-accused had already been granted bail and that the case against Joshi was primarily documentary in nature, involving extensive paperwork and numerous witnesses. The Court observed that the trial was unlikely to begin or conclude in the near future, making Joshi's prolonged detention inconsistent with the principles enshrined in Article 21 of the Constitution.

The Court's decision was also influenced by the appellant's age and his cooperation during the investigation. Joshi had previously availed interim bail on two occasions and surrendered punctually each time without any allegations of misuse. In light of these factors, the Court deemed that continued detention was unnecessary for the investigation or trial.

The Supreme Court imposed several conditions for Joshi's bail, including the surrender of his passport, a prohibition on leaving India without prior permission from the Special Court under the PMLA, and an obligation to regularly attend court proceedings and cooperate with the trial court.

The judgment reiterated the Supreme Court's stance from previous cases, such as V. Senthil Balaji v. Deputy Director, Directorate of Enforcement, where it was held that prolonged pre-trial detention is unjustifiable, especially in cases with voluminous evidence where the trial is unlikely to commence promptly. The Court highlighted that constitutional courts must intervene to protect individuals' rights under Article 21 when trials are delayed beyond reasonable limits.

The Directorate of Enforcement had opposed the bail, citing the seriousness of the economic offences and potential influence on witnesses by Joshi, who is a senior political figure. However, the Supreme Court found that such concerns could be mitigated through appropriate conditions imposed on the bail.

The granting of bail to Mahesh Joshi underscores the judiciary's commitment to balancing the enforcement of laws with the protection of individual rights, particularly in cases involving lengthy pre-trial detention.

Bottom Line:

Bail granted to a 71-year-old accused under the PMLA, considering prolonged detention, parity with co-accused, and constitutional safeguards under Article 21.

Statutory provision(s): Prevention of Money Laundering Act, 2002 Section 45(1), Article 21 of the Constitution of India, Section 207 of the Code of Criminal Procedure

Mahesh Joshi v. Directorate of Enforcement, (SC) : Law Finder Doc Id # 2817383