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Synopsis

A division bench of the Supreme Court today granted interim bail to AAP Leader Satyendar Jain, in a money laundering case registered against him by the Directorate of Enforcement (ED), on medical grounds.

"We are considering interim bail on medical grounds. The applicant be released on medical interim bail on conditions as imposed by the trial court. Also, the applicant shall not influence any witness, leave the area of NCT and all treatment he takes, relevant documents shall be produced before this court. Interim bail till July 11. List on July 12. He also shall not make any statement before press or media", a vacation bench of Justices JK Maheshwari and PS Narasimha has ordered.

Notably, the bench refused to act on ASG SV Raju's submission that the order be deferred for four days and Jain be examined by an AIIMS panel in the meantime.

"Medical records of Delhi hospitals cannot be relied on. Earlier also, medical grounds have been withdrawn when I have made this submission before the High Court, He knows the doctors at Jayprakash Hospital, he can go to either RML or AIIMS, if he is unwell he should not be afraid to go before that panel..", ASG had further submitted today.

When Justice Narasimha question ASG Raju on his opposition to the reports submitted by another hospital, the ASG said, " ..as he was the health minister, he may be feigning his illness..Moment we said lets go to AIIMS, he withdrew his application, and said I have been discharged.. all these reports must not be taken with a pinch but generous amount of salt.. suddenly he becomes well, this is the conduct.. I am not saying he is unwell. The history is that he feigns illness, not to appear in court."

On the other hand, Senior Advocate AM Singhvi,, appearing for Jain told court that his client had lost 34 kgs and had vertebrae and spinal problems.

On May 18, a division bench of Justices AS Bopanna and Hima Kohli had issued notice in Jain's plea after being told by Senior Advocate Singhvi, that Jain is facing extreme health problems.

Last month, Justice Dinesh Kumar Sharma of the Delhi High Court had “dismissed” the bail pleas filed by Jain and two co-accused Ankush Jain and Vaibhav Jain.

While denying bail to Jain, the court said that the broad probability indicated that four concerned companies were "controlled and operated by Satyendar Kumar Jain".

The constantly changing shareholding patterns of the company 'clearly indicate' that he was indirectly controlling the companies, court observed. Furthermore, the court stated that taking in the totality the facts, the petitioners at this stage could not be held to have cleared the "Twin Conditions" of PMLA or the "Tripod Test".

Notably, the single-judge bench on March 21 had ‘reserved orders’ in the instant bail pleas.

Special Judge Vikas Dhull of the Rouse Avenue Court on November 17, denied bail to Jain in the money laundering case.

The bail application filed by Satyendra Jain pertained to his arrest in a Money Laundering case in which he was arrested by the Enforcement Directorate on May 31, 2022.

In April, ED attached assets worth Rs. 4.81 crores linked to Jain and his family. ED initiated an investigation based on an FIR registered by the Central Bureau of Investigation (CBI) against Jain and others under relevant sections of the Indian Penal Code and the Prevention of Corruption Act.

It is alleged that when Jain was a public servant, companies owned and controlled by him received up to Rs. 4.81 crores from shell companies through the Hawala network.

Case Title: Satyendar Kumar Jain vs. Directorate of Enforcement