Apex Court Grants Extension Of Interim Bail To Satyendar Jain, ED Seeks Independent Medical Evaluation

The Supreme Court today, for a second time extended the interim bail granted earlier to the AAP leader and former minister Satyendar Kumar Jain on medical grounds for five weeks.

The Bench of Justice A.S. Bopanna and Justice Bela M. Trivedi was at the outset informed by the Additional Solicitor General S.V. Raju that the AAP leader has recently undergone surgery. Raju said, "The only thing I want is that there should be an independent evaluation by AIIMS. I am not opposing his application but seeking the independent evaluation".

On the other hand, appearing for the AAP leader, Senior Advocate A.M. Singhvi submitted that "Jain had a very serious operation called a microdiscectomy and partial laminectomy and any literature will show that the patient can't even turn over." Singhvi further submitted that "At least 6 weeks etc are required for him to recover and then lordships may take the report from the people who have operated Jain and list the matter accordingly."

Considering the medical situation of the AAP leader, Justice Bopanna said that "We will extend it by 4 weeks and will see what is the position then. On that day, if required, we will consider an independent evaluation." Quick to object, ASG Raju submitted that independent medical evaluation can be done in the meantime.

Expressing his disclination to adopt that course of action, Justice Bopanna observed, "Now that he has just been operated on, any independent evaluation will say that he is bad. Let him recover" to which ASG Raju further said that "Our independent evaluation would probably suggest that he doesn't require any hospitalization or bed rest". "That is a very cruel statement, milords," responded Sinhgvi.

Accordingly, the Bench in its order said "An earlier order had extended the interim bail granted to the Petitioner due to his medical condition. As of today, it is submitted that the Petitioner has undergone spinal surgery. The respondents have filed an application seeking independent medical evaluation."

The Court further said "However, taking note that the operation for spine injury has been performed about 3 days earlier, we deem it appropriate, as an interim measure, to extend the interim bail by 5 weeks. If need be, the application for medical evaluation can be considered at that time. In view of the above, the interim bail is extended."

Earlier, the Supreme Court had on July 10, 2023, extended the interim bail to Satyendar Kumar Jain which was granted to him during the summer vacations of the Supreme Court on medical grounds with the permission to take treatment at any private hospital of his choice.

Satyendar Jain, who was arrested on May 30 last year by the agency, is accused of having laundered money through four companies allegedly linked to him. The ED had arrested Satyendar Jain in the money laundering case based on a CBI FIR registered against him in 2017 under the Prevention of Corruption Act. In 2022, the trial court had taken cognizance of the prosecution complaint (charge sheet) filed by the ED against Satyendar Jain, his wife, and eight others, including the four firms, in connection with the money laundering case.

Cause Title: Satyendar Kumar Jain v. Directorate Of Enforcement [SLP(Crl) No. 6561/2023]