A Delhi court on Friday granted bail to Aam Aadmi Party (AAP) leader and former Delhi minister Satyendar Jain in connection with a money laundering case on the grounds of 'delay in trial' and his "long incarceration."
According to PTI, the judge rejected the Enforcement Directorate's plea to deny the bail to Jain, underlining that the relief was given to the AAP leader under Article 21 (right to life and personal liberty) of the Constitution supersedes the stringent conditions of Section 45 of the Prevention of Money Laundering Act (PMLA).
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While delivering the judgment on Satyender Jain's bail, the court said "Liberty is the core value under consideration."
Satyender Jain bail: PMLA vs Article 21
The Delhi court order highlighted that the constitutional conditions had a mitigating effect on the statutory conditions under PMLA when liberty was at the core.
"Under the twin conditions, the accused has to prove in court that he/she is prima facie innocent of the offense and further convince the judge he/she would not commit any offense while on bail," PTI quoted the judge as saying.
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{{/usCountry}}"Under the twin conditions, the accused has to prove in court that he/she is prima facie innocent of the offense and further convince the judge he/she would not commit any offense while on bail," PTI quoted the judge as saying.
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{{/usCountry}}"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," the court added.
Special Judge Vishal Gogne stated that due to the delay in trial and Jain's 18-month-long incarceration, along with the anticipated lengthy trial process, the accused is eligible for bail.
Satyender Jain's bail conditions
The judge granted bail on a personal bond of ₹50,000 with one surety of the same amount. Jain was also given several conditions, including cooperating with the investigation, not contacting witnesses, and not leaving India without court permission.
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Jain was arrested by the Enforcement Directorate (ED) on May 30, 2022, for allegedly laundering money through four companies linked to him.
(With PTI inputs)