Supreme Court Grants PMLA Bail but Rejects Automatic Invalidity of Arrest for Five-Day Forwarding Delay

The Supreme Court granted bail to Sanjay Sureka while holding that a justified five-day delay in forwarding arrest records to the PMLA Adjudicating Authority did not automatically invalidate his arrest.

Background and legal issue

The accused challenged the Enforcement Directorate’s compliance with Section 19(2), which requires the arrest order and supporting material to be forwarded immediately. He had remained in custody for more than twenty months.

Court’s reasoning and procedural position

The Bench distinguished the essential safeguards of recorded reasons, written arrest grounds and timely production before a court from the practical time needed to transmit voluminous records. It nevertheless found the likely duration of trial constitutionally significant.

Legal consequence and next step

Bail was ordered with passport surrender, travel restrictions and witness-protection conditions. The decision does not decide guilt or authorise unexplained delay. The judgment is reported as 2026 INSC 1124.