The Delhi High Court.
Credit: PTI File Photo
New Delhi: The Delhi High Court on Tuesday granted bail to two accused -- Vaibhav Jain and Ankush Jain -- in a case of money laundering allegedly involving AAP leader and former Delhi Minister Satyendar Jain.
A single judge bench of Justice Manoj Kumar Ohri granted relief to the duo observing an accused in a money laundering case could not be equated with those involved in severe offences like murder, rape or dacoity. The court also noted the trial is yet to commence and is likely take some time to conclude.
It also pointed out that the main accused Satyendra Jain has already been granted bail by the Sessions Judge on October 18, 2024.
The high court highlighted Section 45 of Prevention of Money Laundering Act (PMLA), which imposes certain restrictions on the grant of bail -- could not be used as a tool for incarceration.
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 bench also pointed out it has been held in catena of judgments that Constitutional Courts have the power to grant bails on the grounds of violation of Part III of the Constitution and Section 45 does not act as an hindrance to it.
"The sacrosanct right to liberty and fair trial is to be protected even in cases of stringent provisions present in special legislations," it said.
The court further underlined bail was the rule and jail was the exception.
"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.
Both Vaibhav and Ankush have been in custody for 24 and 25 months respectively in the case investigated by the Enforcement Directorate upon registration of the case on August 30, 2017.
Both the applicants were arrested on June 30, 2022 and have been released earlier on interim bails on different occasions.