In a recent development at the Delhi High Court, jailed former minister Satyendar Jain has petitioned for ‘default bail’ on the grounds of an incomplete investigation by the Enforcement Directorate (ED) in a money laundering case against him. The court, led by Justice Manoj Kumar Ohri, has scheduled the hearing for October 9 to deliberate on the arguments from both parties.
During a brief hearing, Jain’s counsel argued that the trial court’s cognizance of the charge sheet was based on insufficient material, rendering it invalid under the law. This claim comes after a coordinate bench of the high court dismissed similar ‘default bail’ pleas from co-accused Ankush Jain and Vaibhav Jain, stating that their charge sheets were comprehensive enough to outline the necessary elements of the offense.
The ED’s counsel countered that the previous rulings confirmed the completeness of the prosecution complaints against the co-accused, implying a thorough investigation. However, Jain’s legal team maintained that while the probe might be complete regarding other accused, it remains unfinished concerning Jain himself. “The cognizance was taken by the trial court on the charge sheet based on incomplete material, so it is no cognizance in the eyes of the law,” Jain’s lawyer stated.
The court also granted Jain’s attorney permission to file brief written submissions on the matter. This legal battle is significant as Jain, a prominent AAP leader, has been embroiled in allegations of laundering money through four companies reportedly linked to him.
Jain’s struggle for bail has been ongoing; he previously challenged a trial court’s May 15 decision denying him default bail, leading to the high court’s notice on May 28 seeking the ED’s response to his petition. He argues that the ED did not complete the investigation within the statutory period and that the prosecution complaint was hastily filed, thus infringing upon his right to default bail as per Section 167(2) of the CrPC.
