Delhi HC releases Ankush and Vaibhav Jain on bail | Latest Delhi News

Judge Manoj Kumar Ohri, who presided over the bail application, released both on personal bail. ₹1 lakh each. He noted that Section 45 of the Prevention of Money Laundering Act (PMLA), which imposes strict bail conditions in money laundering cases, cannot be misused to extend the period of detention when delays in trial are beyond the control of the accused . This section requires courts to be satisfied that the accused is innocent and unlikely to commit a crime if released on bail, which usually makes it difficult for suspected money launderers to be released.

In its 18-page order, the court distinguished between money laundering cases and more serious crimes such as offenses punishable under the Narcotic Drugs and Psychotropic Substances Act, murder and rape, noting that these offenses carry stricter penalties. often exceeding ten years’ imprisonment. . The court noted that “in a situation such as the present case, where there are multiple defendants, thousands of pages of evidence to evaluate, scores of witnesses to be examined, and the trial is not expected to conclude at any time in the near future, Detention is solely under Section 45 of the PMLA is not permissible.

“The delay is not related to the accused; keeping the accused in custody using Section 45 of PMLA as an instrument of imprisonment or shackles is not permissible,” the court added.

The bench also emphasized that the maximum sentence in most PMLA cases is seven years, making lengthy pre-trial detention impermissible. “The accused in the case of money laundering cannot be equated with persons punishable by death penalty, life imprisonment for a term of ten years or more, as well as crimes under the Law on Narcotic Drugs and Psychotropic Substances, murder, cases of rape, banditry, etc. .,” the judge said. – Ohri noted.

The Enforcement Directorate (ED) arrested Satyendra Jain in May 2022 on charges that he misused his position as a minister between February 2015 and May 2017 to accumulate disproportionate assets worth ₹1.47 crores. Later in June 2022, the ED detained Ankush and Vaibhav Jain, accusing them of facilitating the laundering of approximately ₹5 crores in the name of the former minister. According to the ED, the duo declared undisclosed income of ₹8.6 crore under the Income Tax Disclosure Scheme, allegedly preparing backdated documents to protect Satyendra Jain’s assets.

The high court’s decision follows the city court’s October 18 decision to grant bail to Satyendra Jain himself, noting that there was “no likelihood” of a timely trial. Special Judge Vishal Gogne granted Jain judicial custody. ₹bail of £50,000 recognizing his lengthy detention.

Represented by senior advocates Siddharth Aggarwal and Rebecca M., John, Ankush and Vaibhav Jain argued that their rights to life and personal liberty under the Constitution were violated due to delays in the trial. The defense also argued that since the main accused, Satyendra Jain, has already been released on bail, he too is entitled to be released. In response, ED Special Advocate Zoheb Hossain said the accused had contributed to the delay of the trial by repeatedly seeking delays.

However, the high court rejected the ED’s contention, citing volume of evidence and number of accused as the main factors for the slow progress of the trial. “The prosecutor’s office named 10 defendants and brought 108 witnesses. There are 5,172 pages of documents that need to be analyzed,” the court noted. The schedule was further complicated by the fact that the chief judge of the trial court vacated his post on September 30, 2024, and a replacement has not yet been appointed. The court added that additional charges may also be filed , which will further prolong the proceedings. “At this time, it cannot be said that the delay is due to the present applicants,” the court concluded.