Delhi HC grants bail to Ankush and Vaibhav Jain | Latest News Delhi

Judge Manoj Kumar Ohri, who presided over the bail application, released the two on personal bond ₹1 lakh each. He noted that Section 45 of the Prevention of Money Laundering Act (PMLA), which imposes strict conditions on bail in money laundering cases, cannot be misused to prolong detention when the delay in trial is beyond the control of the accused. This section requires courts to be satisfied that the suspect is not guilty and unlikely to commit a criminal offense if released on bail, usually making it challenging for money laundering suspects to secure release .

In its 18-page ruling, the court distinguished cases of money laundering from more serious crimes, such as crimes punishable under the Narcotic Drugs and Psychotropic Substances Act, murder and rape, noting that these crimes carry higher penalties, often more than ten years in prison. . The court noted that “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 at any time in the near future, Detention merely under Article 45 of the PMLA is impermissible.

“The delay cannot be attributed to the suspect; keeping the accused in custody by using Section 45 PMLA as an instrument of confinement or as a shackle is not permissible,” the court added.

The court also underlined that the maximum sentence in most PMLA cases is seven years, making prolonged pre-trial detention inadmissible. “The accused in a money laundering case cannot be equated with those punishable with death, life imprisonment for ten years or more, such as offenses under the Narcotic Drugs and Psychotropic Substances Act, murder, cases of rape, dacoity, etc.” Ohri noted.

The Enforcement Directorate (ED) arrested Satyendra Jain in May 2022 on charges that between February 2015 and May 2017, he had misused his position as a minister to amass disproportionate assets worth Rs. ₹1.47 million. The ED later arrested Ankush and Vaibhav Jain in June 2022 and accused them of aiding in the laundering of about ₹5 crore on behalf of the former minister. According to the ED, the duo had declared an undisclosed income of ₹8.6 crore under the Income Tax Disclosure Scheme, under which documents were allegedly prepared retrospectively to protect Satyendra Jain’s assets.

The Supreme Court’s ruling followed 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 released Jain on a ₹band 50,000, which acknowledges his extended detention.

Represented by senior lawyers Siddharth Aggarwal and Rebecca M. John, Ankush and Vaibhav Jain argued that their right to life and personal liberty under the Constitution was violated due to the delays in the trial. The defense also argued that since the main suspect, Satyendra Jain, had already been released on bail, they too were entitled to be released. In response, Special ED Counsel Zoheb Hossain alleged that the accused had contributed to the delays in the trial by repeatedly seeking adjournments.

However, the Supreme Court rejected the ED’s contention and pointed to the volume of evidence and number of suspects as primary factors for the slow progress of the trial. “The prosecution has named 10 suspects and cited 108 witnesses. There are 5,172 pages of documents that need to be analyzed,” the court said. Further complicating the timeline, the presiding judge left office on September 30, 2024, without a replacement appointed. The court added that a supplementary charge sheet might also be filed, which would further prolong the proceedings. “The delay at this time cannot be attributed to the current applicants,” the court concluded.