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2024 Supreme(Online)(SC) 3681

2024 INSC 217 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1638 OF 2024 (@ SPECIAL LEAVE PETITION (Crl.) No.6561 OF 2023) SATYENDAR KUMAR JAIN …APPELLANT VERSUS DIRECTORATE OF ENFORCEMENT …RESPONDENT WITH CRIMINAL APPEAL NO. 1639 OF 2024 (@SPECIAL LEAVE PETITION (Crl.) No. 7129 OF 2023) ANKUSH JAIN …APPELLANT VERSUS DIRECTORATE OF ENFORCEMENT …RESPONDENT AND CRIMINAL APPEAL NO. 1640 OF 2024 (@ SPECIAL LEAVE PETITION (Crl.) No.7130 OF 2023 VAIBHAV JAIN …APPELLANT VERSUS DIRECTORATE OF ENFORCEMENT …RESPONDENT

JUDGEMENT

BELA M. TRIVEDI, J. 1. Leave granted. 2. All the three appeals arise out of the common impugned judgment and order dated 06.04.2023 passed by the High Court of Delhi at Digitally signed by RAVI ARORA Date: 2024.03.18 18:09:05 IST Reason:

    Signature Not Verified New Delhi, in the Bail Application Nos. 3590 of 2022, 3705 of 2022 and 3710 of 2022, whereby the High Court has rejected all the bail applications of the appellants. 3. Earlier the Special Judge (PC Act) (CBI) -23 (MPs/MLAs cases) vide the separate detailed orders dated 17.11.2022 had rejected the bail applications of all the appellants – accused. FACTUAL MATRIX 4. An FIR being case No.RC-AC-1-2017-A-0005 dated 24th August, 2017 came to be registered at the CBI AC-1, New Delhi against Shri Satyendar Kumar Jain, Minister in the Government of National Capital Territory of Delhi & Others, for the offences under Section 109 IPC and 13(2) read with Section 13(1)(e) of the PC Act, 1988 at the instance of the Dy. Superintendent of Police, CBI who had conducted a Preliminary Enquiry, being PE AC-1-2017-A0003 dated 10.04.2017 registered at the said office of the CBI. After the investigation, a Charge-sheet came to be filed by the CBI in respect of the said FIR on 03.12.2018 in the Court of Special Judge, CBI, Patiala House Courts, New Delhi against the six accused viz. Sh. Satyendar Kumar Jain, Smt. Poonam Jain, Sh. Ajit Prasad Jain, Sh. Sunil Kumar Jain, Sh. Vaibhav Jain and Sh. Ankush Jain. 5. Since Section 13(2) read with Section 13(1)(e) of the PC Act in the said FIR dated 24th August, 2017 were scheduled offences under the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the “PMLA”) and since it was alleged inter alia that Sh. Satyendar Jain with the help of his family members and other persons had acquired disproportionate assets during the period from 14.02.2015 to 31.05.2017, while he was functioning as Minister of Govt. NCT of Delhi, and had laundered tainted cash amounts through Kolkata based shell companies, the Directorate of Enforcement had registered an ECIR bearing No.
    ECIR/HQ/14/2017 dated 30th August, 2017 against Satyendar Jain, Vaibhav Jain, Ankush Jain and others for investigation into the commission of the offence of Money laundering as defined under Section 3 and punishable under Section 4 of the PMLA. On the completion of the said investigation, the Prosecution Complaint came to be filed on 27.07.2022 by the Directorate of Enforcement in the Court of District and Sessions Judge, Rouse Avenue District Court, New Delhi, against the accused Sh. Satyendar Jain and others with a prayer to take cognizance of the offences of money laundering under Section 3 punishable under Section 4 of PMLA.
    The said Prosecution Complaint being CC No.23/2022 is now pending at the stage of framing of charge against the appellants – accused. 6. During the course of investigation, the appellant- Satyendar Kumar Jain was arrested on 30th May, 2022 and the appellants-Vaibhav Jain and Ankush Jain were arrested on 30th June, 2022. The gist of the allegations made against the appellants-accused as mentioned in the said Prosecution Complaint is as under: - and facts prove that Satyendar Kumar Jain initiated, managed and controlled the companies in which these accommodations entries were received.
    S.No.Name of the AccusedRole in the case (in brief)
    1.Satyendar Kumar JainBased on the discussion and material herein above, it is clear that Satyendar Kumar Jain hatched the criminal conspiracy and conceptualized the idea of accommodation entries against cash. To get his idea implemented, he recommended appointing his old friend Sh. Jagdish Prasad Mohta, Chartered Accountant as the auditor of Akinchan Developers Pvt. Ltd., Paryas Infosolution Pvt. Ltd., Indo Metalimpex Pvt. Ltd. and Mangalayatan Projects Pvt. Ltd. He (Satyendar Kumar Jain) first approached Sh. Jagdish Prasad Mohta for taking accommodation entries in lieu of cash in hi










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