The High Court imposed bail conditions on him, adding that he would not have to be inconsistent with the evidence or influence the witnesses, directly or indirectly.
Judge Anup Jairam Bhambhani granted therapy to Shivinder for providing a non-public bond of Rs 1 crore and two guarantees through Rs 2five lakh each.
The judge, who asked the defendant for his passport, also ordered the emergency investigator to invite the Ministry of the Interior of Immigration to immediately open a circular eye on Shivinder’s call to prevent him from leaving. rustic with the alignment of the court of first instance.
The High Court imposed other conditions of bail on him, adding that he would not have to be incompatible with the evidence or influence the witnesses, directly or indirectly.
He was arrested in the case of money laundering through the Directorate of Education and in the case of fraud through EOW on December 12 and October 10 last year, respectively.
He will be criminals again because he has not yet been released on bail when it comes to the EOW.
ED, through lawyers Amit Mahajan and Nitesh Rana, opposed the bail application, saying that during this scenario the coins were diverted through a complex network of transmovements paints and that it is not undeniable to discapite lead and that if released on bail, it is also consistent with the evidence. .
“Statistics available on the Delhi prison website as of December 31, 201, nine show that the percentage of sub-trials to those convicted in Delhi prisons is approximately 82% to 18%. These figures are revealing.
“Prison is a position of punishment and no punishment is valid without a trial.
“There must be a compelling basis, reason and reason for detaining an individual awaiting trial in court detention, which this court does not discern in this case,” he said.
The court noted that no law stipulates that a defendant, who has not yet been tried, will have to be detained only on the intuition or presumption that he will interfere or impede the trial or send a message to society.
“The only message that comes to society through the reinstatement of an acc offender before condemning him is that our formula only works in impressions and conjectures and could reaffirm an acc custody even under the presumption of guilt,” he said.
The court found that no person seeking to save or hold you more research, but in the interest of the ongoing investigation, it cannot distort the concept of pre-trial detention and bail.
There is no doubt that the consequences of pre-trial detention are detrimental and the continuation of a tribulation in prison seriously compromises the preparation of your legal defense.
If kept in custody, the applicant (Shivinder) will not be able to effectively brief and consult with his lawyers, collate evidence in his defence and thereby defend himself effectively, it said.
The court noted that the alleged final transfers cannot be cancelled or amended, as they are reflected in the cases, adding FIR and SEBI, RBI and Registrar of Companies documents.
He said the transaction documents are in a position seized through ED and that the evidence is documentary in nature, it will not be favorable for Shivinder, who has deep roots in society, with its myriad advertising interests, its vast houses and it is a giant family. in prison.
“He’s a business mogul, too identified to disappear without a trace. This, the reality that the mandatory conditions are also imposed to save him from his unexpected departure from the country. Therefore, the applicant is not a flight risk,” the court said. .
ED also asked to make a written statement to those officials or staff not to participate in a great relationship with Shivinder, he said.
Meanwhile, the High Court panel on Thursday denied bail to former REL CEO Kavi Arora and beyond Religare Enterprises Limited (REL) CMD Sunil Godhwani in the EOW fraud case.
In January, ED filed a complaint against former Fortis Healthcare promoters Malvinder Mohan Singh and Shivinder Singh and Godhwani, a currency laundering case applicable with an alleged embezzlement of funds at RFL.
RFL is a combined apple of the REL group – Religare Enterprises Ltd, which was promoted through Malvinder Singh and his brother Shivinder Singh.
EOW registered a FIR in March last year after receiving a complaint from Manpreet Suri from RFL in opposition to Shivinder, Malvinder, Godhwani, former CEO of REL Kavi Arora and beyond the CFO of RFL Anil Saxena and others, alleging that loans were borrowed through them while managing the business but currencies invested in other companies.
ED has filed a coin laundering case on this basis.
Photograph: ANI Photo