“Trial Court’s Cognisance Based on Incomplete Material & Legally Invalid in The Eyes of Law”: Satyendar Jain Seeks Default Bail in HC

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Today, On 3rd October, AAP leader Satyendar Jain argued that the investigation into his money laundering case remains incomplete, as he sought default bail in the High Court. Jain’s legal team emphasized that the probe has exceeded the permissible timeframe, warranting his release. The former Delhi minister arrested by the Enforcement Directorate in 2022 on money laundering charges.

New Delhi: Jailed former minister Satyendar Jain on Thursday requested the Delhi High Court to grant him ‘default bail’ in a money laundering case, arguing that the Enforcement Directorate’s (ED) investigation against him remains incomplete.

Jain’s counsel contended that the trial court took cognisance of the charge sheet based on incomplete material, which they argued is not legally valid. Justice Manoj Kumar Ohri scheduled the matter for October 9 to hear arguments from both parties’ counsels and allowed Jain’s lawyer to file brief written submissions.

During the brief hearing, the ED’s counsel pointed out that a coordinate bench of the high court recently rejected the default bail pleas of co-accused Ankush Jain and Vaibhav Jain on the same grounds of an incomplete investigation. The bench ruled that the trial court had correctly concluded that the prosecution complaint (charge sheet) filed against Ankush and Vaibhav Jain was complete with all necessary elements for the offence.

The counsel for AAP leader Satyendar Jain argued that while the investigation against other accused may be complete, the probe concerning Jain himself was not finished.

His counsel submitted,

“The cognisance taken by the trial court on the charge sheet was based on incomplete material, so it cannot be considered valid cognisance in the eyes of the law,”

The court also informed that Jain’s regular bail plea is still pending before the trial court.

Jain faces accusations of laundering money through four companies allegedly connected to him. He has challenged the trial court’s May 15 decision, which denied him default bail. Following this, the high court issued notice on May 28, seeking the ED’s response.

Jain contends that the ED failed to complete the investigation within the statutory period, and the prosecution complaint (charge sheet) was incomplete, filed only to prevent him from claiming his right to default bail under Section 167(2) of the CrPC.

The Enforcement Directorate (ED) arrested Satyendar Jain on May 30, 2022, in connection with a money laundering case, which was based on a First Information Report (FIR) filed by the Central Bureau of Investigation (CBI) in 2017 under the Prevention of Corruption Act. In the case initiated by the CBI, he had been granted regular bail by a trial court on September 6, 2019.

Additionally, Ankush Jain and Vaibhav Jain were taken into custody by the ED on June 30, 2022, as part of the same investigation.




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