On Tuesday, the Delhi High Court has taken cognizance of the default bail plea filed by former minister and Aam Aadmi Party (AAP) leader Satyendar Jain, who is an accused in a money laundering case.
Justice Swarana Kanta Sharma presided over the proceedings, issuing a notice to the Enforcement Directorate (ED) and soliciting its response on the matter.
The court scheduled the hearing for 9 July, setting the stage for a crucial legal battle.
Jain filed the plea following a setback in the trial court, which dismissed his bail request on May 15.
Challenging this decision, Jain has raised fundamental concerns regarding the conduct of the investigation by the ED.
He contends that the enforcement agency failed to adhere to the statutory period stipulated for completing its investigation.
Jain asserted that the prosecution complaint filed by the ED before the trial court on 27 July 2022, was incomplete. He argued that authorities orchestrated this move to thwart his entitlement to default bail under Section 167(2) of the Criminal Procedure Code.
Central to Jain’s argument is the alleged infringement of his constitutional rights. He invokes Article 21 of the Constitution, which guarantees the protection of life and personal liberty. He contends that the ED’s actions undermine this fundamental right.
Jain asserted that the filing of an incomplete chargesheet while the investigation was still ongoing not only violates procedural norms but also deprives him of the right to default bail, a safeguard provided under Section 167(2) of the CrPC.
Background Of The Case:
The case originates from a CBI FIR under Sections 13(2) and 13(e) of the Prevention of Corruption Act, 1988. The allegations revolve around accusations of Jain amassing disproportionate assets during the period spanning 2015 to 2017.
Additionally, the ED has leveled charges against Jain, claiming that companies under his beneficial ownership and control received Rs 4.81 crore through accommodation entries from shell companies via a hawala route.
With the Delhi High Court now seized of the matter, all eyes are on the forthcoming legal proceedings.
The outcome of this case not only holds significance for Satyendar Jain but also carries broader implications for the administration of justice and the interpretation of legal provisions governing bail entitlements in cases of this nature.
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