A court in Delhi on Friday granted bail to Aam Aadmi Party (AAP) leader and former Delhi minister Satyendar Jain in a money laundering case, citing delays in the trial and his prolonged incarceration. Jain, who had been in judicial custody for over 18 months, was arrested by the Enforcement Directorate (ED) on May 30, 2022, over allegations of laundering approximately Rs 4.5 crore through four companies allegedly linked to him. He was released from Tihar Jail on Friday evening.


Special Judge Vishal Gogne rejected the ED’s request to deny bail, stating that the relief under Article 21 of the Constitution, which guarantees the right to life and personal liberty, takes precedence over the stringent conditions set out in Section 45 of the Prevention of Money Laundering Act (PMLA), news agency PTI reported. Under the PMLA, an accused must prove their prima facie innocence and assure the court they will not commit any offences while on bail.


"The grounds relating to delay and long incarceration are, in effect, constitutional and plenary twin conditions sourced from Article 21 of the Constitution and therefore superior to the twin conditions under Section 45 PMLA," the judge remarked. He added that constitutional considerations regarding liberty must mitigate the stringent requirements of statutory conditions in laws like the PMLA.






The court also referenced the Supreme Court’s order in AAP leader Manish Sisodia’s bail plea in an alleged excise scam money laundering case, which has set a precedent for considering delay and extended incarceration when applying the PMLA's conditions.


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Unnatural, Unreasonable Outcome For Satyender Jain To Languish In Custody When CBI Didn't Even Arrest Him: Delhi Court


Judge Gogne observed that while the Central Bureau of Investigation (CBI) did not arrest Jain in the original offence, it was the ED that acted on the CBI's FIR, resulting in his arrest under Section 4 of the PMLA. "The ED, as an agency bound by the rule of law and the settled principles governing liberty in the context of bail, can no longer be permitted to wish away precious years of the life of an accused by simply pleading that it has the prerogative to arrest," he stated, as quoted by PTI's report.


He further noted the disparity between CBI and ED's approach in such cases, saying, "An accused may not be either considered a flight risk or a threat or influence upon evidence or witnesses in the CBI case, but is condemned to indefinite imprisonment by the operation of the twin conditions under Section 45 of the PMLA." The judge criticised the ED's approach, saying it led to "unreasonable and awkward outcomes," adding that Jain's prolonged detention was unnatural since the CBI did not arrest him for the original offence.


"It is a cardinal principle of the interpretation of statutes that unreasonable and awkward outcomes must be avoided.It is certainly an unnatural and unreasonable outcome for Satyender Jain to languish in custody for over 18 months only by operation of Section 45 when the CBI did not even arrest him in the predicate offence," the judge stated, as per the report.


Jain was granted bail on a personal bond of Rs 50,000 with a surety of like amount. The court directed him to cooperate with the investigation, refrain from influencing the probe, and appear whenever required by the investigating officer or the court. He is also prohibited from contacting witnesses and cannot travel outside India without the court's permission.


After the bail announcement, Jain’s family, including his wife Poonam and daughter Shreya, who were present in the courtroom, expressed their relief. Shreya, speaking to the media, said, "Diwali has arrived early for the family. We always knew this would happen, and it was only a matter of time. We are happy that the court gave us justice." Poonam added, "It was a tough time for us, but I always had faith because he has never done any wrong in his life. We have waited long."


Upon his release from Tihar Jail, Jain addressed supporters, stating, "I will continue our fight against injustice and work for the common man."


The ED’s case against Jain is based on a 2017 FIR by the CBI under the Prevention of Corruption Act.