Supreme Court Extends AAP Leader Satyendar Jain's Interim Bail, Enforcement Directorate Raises Doubts Over Medical Report

The Supreme Court today further extended the interim bail granted earlier to the AAP leader and former minister Satyendar Kumar Jain on medical grounds, till the next date of hearing. The AAP leader had approached the Apex Court in a Special Leave Petition challenging the order of the Delhi High Court which had denied him bail.

The Bench of Justice A.S. Bopanna and Justice M.M. Sundresh noted "Learned Senior Counsel for the Petitioner submits that two medical reports have been brought on record and one more medical report is to be filed. The Petitioner is permitted to file the same on furnishing a copy to the learned ASG."

The Court further noted that "Learned ASG may secure instructions on the same. List on July 24th. Meanwhile, the interim bail which had been granted earlier stands extended till the next date," and adjourned the matter.

At the outset, appearing for the Enforcement Directorate Additional Solicitor General S.V. Raju informed that he had received the medical report just then. "They never filed it in Court...they just sent a mail to my AOR and the AOR has not sent it to me.", said the ASG. Appearing for the AAP leader, Senior Advocate Abhishek Manu Singhvi submitted that 3 hospitals, J.B. Pant, Apollo and Max have recommended surgery. Singhvi further said that the report had come on July 8 only and he will again serve the reports.

Singhvi further stated that there is confusion as the earlier order of the Court said that until the next date of listing, the petitioner be released on interim bail on medical grounds which is ending today, to which the Bench responded that they will extend the interim bail. "We will continue it," said the Bench.

Expressing doubts about the medical reports, the ASG stated "Only one request in the meantime, he may submit himself to AIIMS for independent evaluation. I have doubts about those hospitals. If his condition is x and if he is evaluated by AIIMS his condition may change, if he doesn't improve then I will accede." Directing to submit the medical report to the Court and to furnish it to the ASG, the Court adjourned the matter.

On May 26, 2023, the Vacation Bench of Justice J.K. Maheshwari and Justice P.S. Narasimha while granting the interim bail noted that "At present there is no reason to disbelieve the Report of G.B. Pant Institute of Post Graduate Medical Education and Research. We think it appropriate that the citizen is having a right to take treatment of his choice, at his own expenses, in a private hospital." The Court had directed that Jain be released on interim bail on medical grounds for a limited period of six weeks with certain terms and conditions.

In the impugned order, the Delhi High Court had observed that Jain is an influential person and may tamper with evidence. The High Court also held that there was no illegality or infirmity in the trial court's order by which the bail pleas were dismissed. While pronouncing the order, the high court said Satyendar Jain cannot be said to have satisfied the twin conditions for bail under the Prevention of Money Laundering Act (PMLA) and dismissed the bail plea. Satyendar Jain, who was arrested on May 30 last year by the agency, is accused of having laundered money through four companies allegedly linked to him.

The ED had arrested Satyendar Jain in the money laundering case based on a CBI FIR registered against him in 2017 under the Prevention of Corruption Act.

Cause Title: Satyendar Kumar Jain v. Directorate Of Enforcement [SLP(Crl) No. 6561/2023]