Delhi High Court grants bail to two co-accused in money laundering case involving Satyendra Jain, says parity applies in PMLA cases

A single right bench of Judge Manoj Kumar Ohri granted them bail on the grounds that the main accused, Satyendra Jain, has been released on bail, that they have been in custody for more than two years and that the trial has not yet begun.

The court notes that the main suspect, Satyendra Jain, was also the case bail granted and that parity applies in Prevention of Money Laundering Act (PMLA) cases.

“In the present case, both applicants were arrested on June 30, 2022. They have been in custody for more than 24 months. Moreover, the process has yet to begin and will likely take some time to conclude. It is also pertinent to note that the main accused Satyendra Jain has already been released on bail pursuant to the vide order of the Sessions Judge dated 18.10.2024. Parity as a ground applies even in PMLA cases…”

It noted that the suspects have been in custody for more than two years and it will take some time for the trial to be concluded. It referred to Manish Sisodia v Enforcement Directorate (2024 LiveLaw (SC) 563), in which the Supreme Court noted that prolonged detention and the delay of trial should be read into Articles 439 of the Code of Criminal Procedure and 45 of the Money Laundering Prevention Act.

The Court further noted that the Prosecution has named 10 suspects and 108 witnesses and that there are approximately 5,000 pages of documents to be analyzed. It noted, “In a situation like the present case, where there are multiple suspects, thousands of pages of evidence need to be reviewed, dozens of witnesses need to be interviewed and the trial is not expected to end in the near future and the delay is not due to suspect is not permitted to keep the suspect in custody by using Section 45 PMLA as an instrument of confinement or as a shackle.”

Considering all the facts and circumstances, the Court therefore granted bail to the suspects.

Case Title: Vaibhav Jain vs. Enforcement Directorate (BAIL APPLN. 3301/2024, CRL.M.(BAIL) 1529/2024) and related matters