'Bail Prayers Not To Be Unnecessarily Adjourned' : Supreme Court Urges Delhi HC To Decide Satyendar Jain's Default Bail Plea Soon
Observing that bail applications are not to be unnecessarily adjourned, the Supreme Court on Tuesday (June 25) expressed the hope that the Delhi High Court would decide the default bail plea of Aam Aadmi Party (AAP) leader Satyendar Jain without delay.A Vacation Bench of Justices Manoj Misra and SVN Bhatti was hearing Jain's challenge against the Delhi High Court's order dated May 28...
Observing that bail applications are not to be unnecessarily adjourned, the Supreme Court on Tuesday (June 25) expressed the hope that the Delhi High Court would decide the default bail plea of Aam Aadmi Party (AAP) leader Satyendar Jain without delay.
A Vacation Bench of Justices Manoj Misra and SVN Bhatti was hearing Jain's challenge against the Delhi High Court's order dated May 28 that adjourned his default bail plea to July 09, 2024., while issuing notice.
At the outset, the bench asked Senior Advocate Dr AM Singhvi, appearing for Jain, about the impugned order. Singhvi agreed that what was under challenge was essentially an order of adjournment. However, he stated that the High Court could not have given a long adjournment of six weeks. He submitted that there was a substantial point of law arising in the matter - whether an incomplete chargesheet can be filed by the investigating agency to defeat the right of default bail. He apprised the bench that the same issue is under consideration before a three-judge bench of the Supreme Court and requested that Jain's petition be tagged along with those petitions.
At this juncture, Justice Misra said that since a three-judge bench is considering the point of law, it may not be appropriate for the present two-judge bench to deal with the issue. Justice Mishra suggested that the petitioner wait for the final decision of the High Court.
"This issue is under consideration before three-judge bench...because three-judge bench will examine the issue we cannot enter into the merits. So far as your case is concerned let the HC decide the same," Justice Misra said, adding that ultimately an order of adjournment was under challenge.
The bench disposed of the petition by passing the following order :
"This petition is against an order of the Delhi High Court adjourning the hearing of the bail application to 09.07.2024. Mr.Singhvi submits that the question of law which would govern the decision of the High Court is engaging the attention of a 3-judge bench of this Court and therefore it is appropriate that this matter is tagged with that matter. We do not find any merit in the submission because the High Court will decide the matter on its own merits and if the petitioner is aggreived with the High Court's order, he can challenge it.
At this stage, Mr.Singhvi submits that this Court observes that the High Court decides the matter on the date fixed. It goes without saying that bail prayers are not unnecessarily adjourned and thus we hope and trust that the High Court takes a call in the matter when it is listed next."
Jain was arrested by the Enforcement Directorate (ED) on May 30, 2022 under the charges of money laundering under the Prevention of Money Laundering Act. He, along with others, was accused of laundering money through three companies during 2010-12 and 2015-16.
Last year, in April, his earlier bail application was denied by the Delhi High Court on the ground that he was an influential person and had the potential to tamper with evidence.
He remained in custody until a vacation bench of the Supreme Court comprising Justices JK Maheshwari and PS Narasimha granted him interim bail on health grounds on May 26 last year, which was extended on a number of occasions.
However, recently, in March this year, the Top Court, while refusing to grant him bail, also cancelled his interim bail and asked him to surrender forthwith. This order was delivered by a bench of Justices Bela M Trivedi and Pankaj Mithal.
Case Title: SATYENDAR KUMAR JAIN v. DIRECTORATE OF ENFORCEMENT., SLP(Crl) No. 8228/2024
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