The Enforcement Directorate alleged that Vaibhav and Ankush are business associates of Satyendar Jain and played a role in facilitating the alleged money laundering activities. Previously, the HC had denied default bail to the two men due to an incomplete chargesheet filed against them following their arrest on June 30, 2022
Representational Pic/PTI
The Delhi High Court granted bail to Vaibhav Jain and Ankush Jain, two accused in a money laundering case linked to AAP leader Satyendar Jain on Tuesday, reported news agency PTI.
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Justice Manoj Kumar Ohri emphasised that the Prevention of Money Laundering Act (PMLA) should not be misused as a means for unjust incarceration.
Justice Ohri noted that individuals accused of money laundering should not be equated with those charged with more severe crimes such as murder or rape.
In the 18-page verdict, Justice Ohri said, "Section 45 of the PMLA, while imposing additional conditions to be met for granting bail, does not create an absolute prohibition on the grant of bail. When there is no possibility of trial being concluded in a reasonable time and the accused is incarcerated for a long time, depending on the nature of allegations, the conditions under Section 45 of the PMLA would have to give way to the constitutional mandate of Article 21," the court observed.
The court further underlined bail was the rule and jail was the exception, stated PTI.
"This principle is nothing but a crystallisation of the constitutional mandate enshrined in Article 21, which says that no person shall be deprived of his life or personal liberty except according to the procedure established by law," it added.
The judge pointed out that the ongoing trial involved multiple accused, extensive evidence, and numerous witnesses, indicating that a resolution was unlikely to occur "anytime in the near future".
Notably, co-accused Satyendar Jain had already been granted bail due to delays in the trial process.
Delhi HC directed, "Both the applicants be released on regular bail subject to them furnishing respective personal bonds in the sum of Rs 1 lakh, with one surety of the like amount each to the satisfaction of the concerned Jail Superintendent/court.”
They are also required to seek permission before leaving Delhi or the National Capital Region (NCR).
The Enforcement Directorate (ED) alleged that Vaibhav and Ankush are business associates of Satyendar Jain and played a role in facilitating the alleged money laundering activities.
A court had granted bail to Satyendar Jain, who was arrested by the ED in May 2022, citing the "delay in trial" and his "long incarceration", stated PTI.
Previously, on September 30, the high court had denied default bail to the two men due to an incomplete chargesheet filed against them following their arrest on June 30, 2022.
While Vaibhav was represented by senior advocate Siddharth Aggarwal and lawyer Malak Bhatt, Ankush was represented by senior advocate Rebecca John.
(With inputs from PTI)
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