Supreme Court grants interim bail to AAP's Satyendar Jain on medical grounds

The Supreme Court on Friday interim medical bail to Aam Aadmi Party (AAP) leader and former Delhi health minister Satyendar Jain who is in jail in a money laundering case [Satyendar Kumar Jain v Directorate of Enforcement]..A vacation bench of Justices JK Maheshwari and PS Narasimha said that Jain shall be on interim medical bail till July 11 and permitted him to undergo treatment at a private hospital. "We are inclined to grant interim medical bail. We allow the petitioner to take treatment at private hospital and we allow him to be released on interim bail as subject to the conditions by the trial court. his order shall remain in operation till July 11, 2023," the Court said.The Court further directed that he shall not influence any of the witnesses or leave area of National Capital Territory of Delhi without the permission of the apex court.The Court also said that Jain should produce all papers relating to the treatment taken by him when he is out on interim bail. The matter will be heard again on July 10. .The Supreme Court was hearing plea by Jain seeking bail in the money laundering case registered against him.The top court had, on May 18, sought the response of the Enforcement Directorate (ED). .During the hearing today, Jain sought interim bail on medical grounds."There are overwhelming grounds for a medical bail. Main bail can be considered later on," said Senior Counsel AM Singhvi appearing in behalf of JainAdditional Solicitor General SV Raju, appearing for the Enforcement Directorate (ED), said that Jain should be examined by the All India Institute of Medical Sciences (AIIMS) since State government run hospitals used to function directly under Jain when he was the health minister."We doubt Lok Nayak hospital and we feel medical records could be fudged.. let him be examined by AIIMS panel of doctors. We cannot trust medical record of Delhi hospitals since he was a minister. If the AIIMS report in his favour then I will concede. He was a health minister. These Delhi govt hospitals were under him," Raju said."Why do you have no confidence in his medical records ASG. You convince us," the bench asked."Petitioner suppressed order of Oct 1, 2022. The HC had observed that petitioner was the health minister and his photo was there on the webpage of these hospitals. On July 14, 2022 jail doctor showed him to have fever etc. Jail hospital was under him. ED then felt there was something wrong. Medical reports were all bogus. He was found to be lying without oxygen mask etc.. as soon as investigating officer came in he wore the oxygen mask etc. The moment we say AIIMS he sought discharge from the hospital. All these medical reports need not be taken by a pinch of salt but a large volume of salt.. they can be fudged," the ASG replied.Singhvi refuted the ED's arguments."GB Pant is mandatory referral hospital for all Tihar prisoners). He does not refer to that. Todays reports cannot be refused on the basis of October 2022 condition. Look at his condition. Where will he run? The man has muscular dystrophy. He has lost 35 kgs. He has a right of private hospital. He has vertebrae and spinal issues. How can we oppose this on humanitarian grounds," Singhvi contended."He is losing weight since he is jain and is not eating food in the hospital...Jains believe in fasting.. He fasts in the jail and does not eat food," the ASG replied.The Court after hearing the arguments proceeded to grant interim bail to Jain to undergo treatment at private hospital..Jain has been behind bars since May 2022 when he was arrested by the ED.The Central Bureau of Investigation (CBI) had initially registered a case against Jain under Sections 13(2) (criminal misconduct by public servant) read with 13(e) (disproportionate assets) of the Prevention of Corruption Act, 1988 against Jain.The case was registered on the allegation that Jain had acquired movable properties in the name of various persons between 2015 and 2017 which he could not satisfactorily account for.Later, the ED also registered a case and alleged several companies beneficially owned and controlled by him received accommodation entries amounting to ₹4.81 crore from shell companies against cash transferred to Kolkata-based entry operators through a hawala route..The High Court, while denying bail, had held that Jain is an influential person and cannot be said to have satisfied the twin conditions for bail under the Prevention of Money Laundering Act (PMLA).The High Court confirmed the order of a trial court that had rejected his bail plea on November 17, 2022.This led to the present appeal before the apex court.