Omkar Group Money Laundering Case: Supreme Court Refuses To Extend Interim Bail Granted To Actor- Producer Sachin Joshi

The Supreme Court of India on Friday refused to extend the interim bail granted to actor and producer Sachin Joshi in connection with a money laundering case.

A Bench comprising Justice Nageswara Rao and Justice BR Gavai dismissed the miscellaneous application filed by Joshi seeking extension of the the interim/temporary bail of 6 months granted to him by the Top Court through an order dated 28.09.2021

The petitioner was represented through Senior Advocate Sidharth Luthra, Senior Advocate Mukul Rohatgi and Advocate Divyam Agarwal. ASG SV Raju appeared for the Enforcement Directorate.

Sachin Joshi is accused of helping the promoters of Omkar Group to divert Rs. 87-crore in Slum Rehabilitation Authority case. The Omkar Group is accused of fraud in connection with Slum Rehabilitation Authority (SRA) scheme works.

The Supreme Court on 28th September last year had extended by 2 months the 4-months interim bail granted by the Bombay High Court taking cognizance of his medical conditions. The Court had further observed that no application for extension of the interim/temporary bail will be entertained by Court. 

The Order was passed in a Special Leave Petition challenging Bombay High Court's order dated 5th May 2021 converting the regular bail granted to him on medical grounds by the Sessions Court to an interim bail for 2 months.

The petitioner has argued that while he was out on bail, there was a progressive decline in his health and he was constrained to make multiple emergency visits to the hospitals and on several occasions his vitals were unstable, requiring medical intervention.

The Enforcement Directorate had conducted a search last year and made arrests including Sachin Joshi. The ED had initiated a money-laundering investigation against the petitioner on the basis of FIR filed in Aurangabad

The Sessions Special PMLA Court had Joshi's custody to the ED till 18th February 2021 and thereafter till 22nd February 2021. On 22nd February 2021, the Sessions Court remanded him to judicial custody.

The Sessions Court through order dated 03.04.2021 granted him permanent bail on medical ground. This order was challenged by the Directorate of Enforcement before the Bombay High Court. The High Court through an dated 05.05.2021 modified the order and instead granted interim/temporary bail to Joshi for a period of 2 months to undergo treatment with liberty to file for fresh bail. The said period of 2 months would have expired on 05.07.2021.

Through an order dated 23.06.2021, the Sessions Court held that the Bail Application, preferred by the petitioner on merits was not maintainable as the he was required to surrender before consideration of the bail on merits. This order was challenged before the High Court.

The Bombay High Court through order dated 6th January 2022 held that that if the Petitioner prefers a fresh bail application before the Sessions Court, the Sessions Court is to decide the same on its own merits. Pursuant to the Order the petitioner preferred Regular Bail Application on merits on 10.01.2022, which is currently pending before the Sessions Court and is next listed on 18.01.2022. 

Case Title: Sachin Joshi vs State of Maharashtra & Anr

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