Delhi HC dismisses Malvinder Singh's plea seeking release from Tihar Jail in Religare FinVest case
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Delhi HC dismisses Malvinder Singh's plea seeking release from Tihar Jail in Religare FinVest case

Aditi Singh

The Delhi High Court has dismissed Malvinder Singh's plea seeking his release on bail/ parole in the Religare FinVest case.

The order was passed by Justice Anu Malhotra.

Malvinder had sought his urgent release on the ground that he was suffering from acute attacks of Gastroenteritis and haemorrhoids which were infected and there was, thus, a well-founded apprehension of contracting COVID-19.

It was stated that there were three undertrial prisoners quarantined at Tihar Jail as one of them had come in contact with a person who tested positive for COVID-19.

Malvinder submitted that charge sheets had already been filed in the cases and he had spent eight months in jail.

It was further argued that guidelines issued by the High-Powered Committee in sofar as they exempted persons facing trial under the PMLA from the benefit of grant of interim bail, were wholly arbitrary and amounted to an irrational classification.

State maintained that Malvinder's case pertained to commission of economic offences, specifically PMLA and was thus not covered by the relaxed guidleines for release of undertrial prisoners.

It was submitted that Malvinder's condition was stable and all prescribed medications were being provided to him. It was added that Malvinder was virtually in isolation and was not in contact with any other inmates.

After hearing the parties and considering the facts, the Court opined that there were no grounds whatsoever for the grant of interim bail / parole.

The Court noted that the allegations against Malvinder Singh "clearly" did not fall within the parameters laid down by the High Powered Committee as the allegations not only pertained to PMLA but also for offences punishable under Section 409 IPC which is punishable with imprisonment for life or that which may extend to 10 years and to a fine.

The Court also recorded that as per the Medical Superintendent, Malvinder's condition was stable.

The Court clarified that the outcome of the present petition shall not prevent Malvinder from seeking redressal, if any, before the High Powered Committee for his grievances.

Senior Advocates Mukul Rohatgi, Kailash Vasdev with Advocate Neoma Vasdev appeared for Malvinder Singh.

State was represented by Standing Counsel Rahul Mehra with Advocate Chaitanya Gosain.

Read the Order:

Malvinder Singh vs State.pdf
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