Nirav Modi to make third bail bid in UK court this week
Diamantaire Nirav Modi, who is facing an extradition request from India and has been twice denied bail by the Westminster magistrates court after his arrest in March, is due to make his third bid to secure bail in the court on May 8.
Modi, 48, who is currently lodged in the Wandsworth hail in west London, will need to cite new grounds to seek bail. Under rules, another application can only be made if there is a change of circumstances.
The hearing is scheduled in the Westminster Magistrates Court at 2pm UK time.
The Crown Prosecution Service (CPS), which acts on behalf of India in UK courts, said: “He has had his two bail applications in the lower court. He can only make a third application if he can persuade the court that there has been a change in circumstances”.
“He is arguing a change of circumstances based on new evidence. On 8th May he will have to seek to persuade the Judge that this constitutes a change of circumstances and that he should be permitted to make another bail application”.
Modi’s previous bail application was rejected by chief judge Emma Arbuthnot on grounds that included he posing a ‘flight risk’. His offer to pay 1 million pounds security deposit and wear an electronic tag, which enables the police to track the wearer’s location at any time, was also turned down.
Modi last appeared in the court via videolink from jail on April 26, when his custody was extended until May 24. The judge also scheduled the next date of extradition hearing for May 30. The prosecution has until May 24 to submit paperwork related to charges against Modi.
Meanwhile, controversial businessman Vijay Mallya’s application to appeal against his extradition to India has been scheduled for an oral hearing in the appeals court of the high court on July 2, a CPS spokesperson said.
Mallya’s written application for the permission was refused on April 5, prompting him to seek an oral hearing to appeal against home secretary Sajid Javid’s February 4 order extraditing him to India to face allegations of financial irregularities.
While Modi’s extradition case is beginning in the magistrates court, Mallya’s case has progressed beyond the court, which cleared his extradition in a judgement in December 2018. The July 2 hearing in the high court will be one of Mallya’s last legal options to try and prevent extradition to India.
The CPS spokesperson said: “The oral hearing on whether or not Vijay Mallya should be granted permission to appeal against extradition will be on 2 July at the High Court. It is listed for one day. The judges will probably reserve their decision, but if the argument ends early enough they could give their decision the same day”.