The Rouse Avenue Court granted bail on Friday to Satyendar Jain, a leader of the Aam Aadmi Party (AAP) and former Delhi cabinet minister, in a high-profile money laundering case. Jain, who was arrested in May 2022, was granted bail by Special Judge Vishal Gogne on the condition of furnishing a bail bond of Rs 50,000, alongside a surety bond of the same amount.
Following the ruling, Jain's wife and daughter were visibly emotional in the courtroom, reflecting the toll of Jain's nearly 18-month incarceration. The court had previously reserved its decision on Jain's regular bail application on October 5.
Senior advocate N Hariharan, along with Advocate Vivek Jain, represented Satyendar Jain in court. During proceedings, they argued, “There is no apprehension of influencing the witnesses; he is not a flight risk, as the court had observed in an earlier order.” They highlighted that this was the second bail application submitted after the prosecution complaint was filed.
The defense emphasized that the Enforcement Case Information Report (ECIR) was registered in 2017, with a prosecution complaint only being lodged in 2022. The defense pointed out discrepancies in the reported proceeds of crime: while the Central Bureau of Investigation (CBI) cited Rs 1.27 crore, the Enforcement Directorate (ED) claimed it was Rs 4.68 crore. “You’re sending back material to the CBI,” the defense contended, stressing the lack of clarity from the ED regarding the specific proceeds of crime.
Jain's counsel further argued for bail on the grounds of delay, noting that the investigation had dragged on for five years without charges being framed. "In this case, further investigation is pending," they stated, referencing the default bail application currently before the High Court.
Citing the lengthy nature of the trial, the defence pointed out that Satyendar Jain has been in custody for over 18 months, with 108 witnesses and 5,000 pages of documents yet to be addressed. They stressed that "there is no possibility of a conclusion of the trial in the near future," and compared Jain’s situation with other high-profile cases, noting that Manish Sisodia was granted bail after 17 months in custody, while K. Kavitha secured hers in five months.
In opposition, Special Counsel for the ED, Zoheb Hossain, contested the defense's claims, arguing that Jain and two co-accused had caused delays in the trial, resulting in 16 adjournments. “Had the accused been cooperative, we would be at an advanced stage of trial,” he asserted.
Hossain distinguished Jain's case from that of Sisodia, stating, “There was no delay on the part of Sisodia. That's the difference. A person can't ask for adjournments and say the trial was delayed.”
In rebuttal, Senior Advocate Hariharan countered, questioning the ED's clarity on the proceeds of crime, stating, “They’re (ED) not even sure what the proceeds of crimes are. Both agencies are citing different amounts.” He concluded, “Will only higher Courts look at Article 21?”
Satyendar Jain was arrested by the ED on May 30, 2022, on allegations of laundering money. With the recent bail decision, the political and legal ramifications of this case continue to unfold.