aap-s-satyendar-jain-seeks-bail-relief-in-delhi-hc

Former Aam Aadmi Party (AAP) leader Satyendar Kumar Jain has approached the Delhi High Court, seeking default bail in a money laundering case investigated by the Enforcement Directorate (ED). Jain is challenging a May 15 order from Delhi’s Rouse Avenue Court, which had previously denied him bail.

 

Jain's plea argues that the ED failed to complete their investigation within the statutory period. He contends that the prosecution's complaint was filed incomplete, aiming to deprive him of his right to default bail under Section 167 (2) of the Criminal Procedure Code (Cr.P.C). Jain's submission emphasises that it is established legal practice that a charge sheet should only be filed once the investigation is fully complete.

 

Submitting an incomplete charge sheet, he argues, violates an accused's fundamental rights under Article 21 of the Constitution and undermines the right to default bail.

 

Jain maintains that the incomplete charge sheet in a Prevention of Money Laundering Act (PMLA) case should not negate an accused's right to default bail, even if the chargesheet is filed before the investigation concludes. He asserts that the accused should still be entitled to bail if the investigation remains unfinished.

 

Recently, the Supreme Court dismissed Jain’s bail plea in the same money laundering case. The Delhi High Court had also dismissed his bail plea on April 6 last year, stating that Jain is an influential person capable of tampering with evidence. The court decided that at this stage, Jain did not meet the twin conditions required under the PMLA for bail.

 

Previously, on November 17, 2022, the trial court had rejected Jain’s bail petition. Jain was arrested on May 30, 2022, under the PMLA by the ED and has been in judicial custody since then. The ED's case against him is based on a complaint from the Central Bureau of Investigation (CBI).

 

The complaint alleges that from February 14, 2015, to May 31, 2017, Jain acquired movable properties in the names of various individuals, which he could not satisfactorily account for.

 

Jain's current legal move highlights the ongoing complexity of his case and his continued efforts to secure bail amidst allegations of significant financial misconduct.

 

The decision of the Delhi High Court on his latest plea will be closely watched, as it could have broader implications for similar cases under the PMLA and the handling of incomplete chargesheets in Indian judicial proceedings.