The Delhi High
Court on Wednesday reserved the order on the default bail plea moved by the
Supertech Chairman RK Arora plea in a money laundering case.
The Bench of
Justice Manoj Kumar Ohri on Wednesday decided to reserve an order in the
matter. The same bench also disposed of the ED's plea challenging interim bail
granted to Arora on medical grounds and noted that his interim bail period is
getting over by tomorrow.
Default bail is
enshrined in Section 167(2) of the CrPC, which states that when an accused is
arrested and detained in custody, the investigation must be completed within a
specified time frame, failing which the accused shall be released on bail.
Recently the same
bench sought a response to the Enforcement Directorate plea moved by Arora
challenging the dismissal of his regular bail and listed the matter for
February 21, 2024. Arora through a plea had sought quashing of a Trial Court
order denying him bail and stating that, "There is no substantive change
in the circumstances. The filing of a prosecution complaint by the Enforcement
Directorate does not amount to a change of material circumstances.
Trial court Judge
on January 24, 2024, while dismissing the regular bail plea of RK Arora stated
that, after the dismissal of the previous bail application vide detailed order
dated 22.07.2023, I am not inclined to entertain the present bail application
moved under Section 439 Cr. PC on behalf of accused Ram Kishor Arora.
Accordingly same is dismissed, said the trial Court Judge
On January 16,
2024, the trial Court granted interim bail for 30 days to Supertech's chairman
and Promoter R K Arora on medical and health grounds. Arora had moved interim
bail citing health and medical grounds.
Earlier, the
trial Court took cognizance of the prosecution complaint (chargesheet) filed by
the Enforcement Directorate (ED) against him and others and also issued summons
to all accused named in the chargesheet and firms through their
representatives.
The Enforcement
Directorate (ED) had filed a prosecution complaint (chargesheet) against
Supertech's Chairman, RK Arora in relation to a money laundering case in
Delhi's Patiala House Court. Arora was arrested on June 27 under the criminal
sections of the Prevention of Money Laundering Act (PMLA).
Earlier, ED
apprised the court that 23 FIRs were registered by the Economic Offences Wing
(EOW), Delhi Police; Haryana Police and UP Police against Supertech Limited and
its group companies under Section 120B (criminal conspiracy) read with
406(criminal breach of trust)/420 (cheating)/467/471 IPC having allegations of
cheating at least 670 home buyers for an amount of Rs 164 crore.
ED also alleged
that the amount collected by Supertech Ltd. was diverted to their group
companies for the purchase of properties and the company with land having much
lesser value.
ED alleged that
the accused persons have acquired properties, and made illegal/wrongful gain
arising out of the said proceeds of crime by involving, indulging and
commissioning criminal activities related to scheduled offences.
It is stated that
the prima facie case for the commission of an offence punishable under Section
3 punishable under Section 4 of the PML Act has been made.