Supreme Court orders status quo on ex-Fortis Healthcare promoter Shivinder Mohan Singh’s bail
The Delhi high court had, on July 23, granted bail to Singh stating there was no rationale for continuing his custody as an undertrial. The bail was conditional subject to him furnishing a personal bond to the tune of Rs 1 crore and two sureties of Rs 25 lakh.Updated: Jul 31, 2020 14:33 IST
The Supreme Court on Friday ordered status quo on bail granted by Delhi High Court to Shivinder Mohan Singh, the former promoter of Fortis Healthcare, in the money laundering case related to Religare Finvest Limited.
The bench headed by justice Arun Mishra also said that the high court judgment should not be treated as a precedent in other bail matters.
“Issue notice. In the meantime, the status quo with respect to bail be maintained. The judgment of Delhi high court not to be treated as a precedent,” the court said.
The Delhi high court had, on July 23, granted bail to Singh stating there was no rationale for continuing his custody as an undertrial. The bail was conditional subject to him furnishing a personal bond to the tune of Rs 1 crore and two sureties of Rs 25 lakh.
He was also directed not to leave the country without the permission of the trial court hearing the case against him.
Though he was granted bail, Shivinder continues to remain in jail since he is in judicial custody in another case filed by Economic Offences Wing (EOW) of Delhi Police.
Singh was arrested by the Enforcement Directorate (ED) in December 2019 for offences under the Prevention of Money Laundering Act. Before that, EOW had arrested him in October 2019 for offences under Indian Penal Code.
The trial court had rejected his bail plea in June.
The Supreme Court will also consider the important question of whether the twin conditions for granting of bail under section 45 continues to remain valid. Section 45 was struck down by the Supreme Court in 2017.
The section was subsequently amended by Parliament. However, Delhi high court had held in a case of Upendra Rai vs ED that the twin conditions for bail under section 45 will not stand revived despite the amendment made to it.
This high court order was, subsequently, stayed by the Supreme Court.
In Shivinder’s bail plea, Delhi high court observed that although there has been an amendment to section 45, there is no subsequent decision of the Supreme Court holding the said two conditions to be constitutionally valid, even when brought back by way of the amendment. Accordingly, it must treat the said two conditions as invalid and struck-down.
This aspect has been challenged by ED before SC. Solicitor General Tushar Mehta told the bench that the Supreme Court must examine this issue and settle the law conclusively.
“We will have to settle the law. The solicitor general has made the correct submission by SG,” justice Mishra said.