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Delhi court grants bail to Satyendar Jain in PMLA case after 18 months in jail

The Rouse Avenue Court on Friday granted bail to Aam Aadmi Party (AAP) leader and former Delhi cabinet minister Satyendar Jain, who had been incarcerated for 18 months in a money laundering case.

Jain was arrested by the Enforcement Directorate (ED) on May 30, 2022, under the Prevention of Money Laundering Act (PMLA). Special Judge Vishal Gogne approved his bail upon furnishing a bond of Rs. 50,000 along with a surety of the same amount. Jain’s wife and daughter were emotional and broke down in court after the bail order was announced.

The court acknowledged Jain’s extended imprisonment, observing that he had already spent nearly 18 months behind bars. His regular bail order had previously been reserved on October 5.

Senior advocate N Hariharan, along with advocate Vivek Jain, represented Satyendar Jain, arguing that Jain posed no flight risk and would not influence witnesses. The counsel also highlighted delays in the investigation and trial, emphasizing that charges were yet to be framed despite five years of ongoing inquiries.

“Even the CBI and ED have conflicting figures for the Proceeds of Crime (POC). CBI estimates it at Rs. 1.27 crore, while ED claims it is Rs. 4.68 crore,” Hariharan said, accusing the agencies of passing responsibility between each other.

Hariharan further compared Jain’s case with those of other high-profile detainees, said: “Manish Sisodia was granted bail after 17 months, and K Kavitha secured bail within five months. Jain has been in custody for more than 18 months with no trial in sight.”

The defense stressed that the lengthy incarceration violated Jain’s rights under Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty.

Special Counsel for the ED, Zoheb Hossain, opposed the bail plea, insisting that delays in the trial were primarily caused by the accused seeking multiple adjournments. “Had the accused cooperated, we would have reached an advanced stage of trial by now,” Hossain said.

He further contended that the delay in Satyendar Jain’s case differed from other cases like Sisodia’s, where trial postponements were not attributed to the accused.

The ED’s charges against Jain relate to allegations of laundering money through shell companies. The agency claims the proceeds of crime amount to Rs. 4.81 crore. Despite the case being registered in 2017, a prosecution complaint was only filed in 2022.

The prolonged delay in the case has drawn criticism, with the defense calling it unjustified and citing Supreme Court judgments to argue that trials of scheduled offenses must be completed before proceedings under PMLA.

(Inputs from ANI)

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