The Delhi High Court on Friday dismissed the bail/parole to Malvinder Mohan Singh (former co-promoter of Religare Enterprises Ltd.) alleged to be involved in misappropriation of funds at Religare Finvest Ltd (RFL).
A Single-judge Bench of Justice Anu Malhotra while dismissing the petition observed that “it is essential to observe that in as much as there are allegations against the petitioner of the alleged commission of economic offences inter alia punishable under the PMLA Act, 2002 as also punishable under Section 409 of the Indian Penal Code, 1860, which is punishable with imprisonment for life or that which may extend to 10 years and to a fine and thus as the case of the petitioner clearly does not fall within the parameters of the guidelines laid down by the Hon’ble High Powered Committee of this Court dated 28.03.2020 nor within the guidelines of the Hon’ble High Powered Committee laid down on 18.04.2020 referred to hereinabove, coupled with the factum that thestatus report dated 15.05.2020 that is of date as received from the Medical Superintendent of the Central Jail No.8/9, Tihar Jail brings forth that the condition of the applicant is stable, there is no ground whatsoever for the grant of interim bail / parole as prayed on behalf of the petitioner.”
Senior Counsel Mukul Rohtagi appeared for Malvinder Mohan Singh (Petitioner) submitted that in view of the verdict of the Hon’ble Supreme Court in Suo Moto Writ Petition (C) No.1/2020 in Re: Contagion of Covid-19 Virus in Prisons, the Hon’ble Supreme Court has observed that the issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Coronavirus (COVID-19) and that it had become imperative to ensure that the spread of Corona Virus within the prisons was controlled having regard to the provisions of Section 21 of the Constitution of India and verdict of Hon’ble Supreme Court dated 23.03.2020.
Ld. Senior Standing Counsel for the State Mr. Rahul Mehra vehemently opposed the application and submitted it cannot be considered by this Court in view of the minutes of meeting of the Hon’ble High Powered Committee dated 28.03.2020 in as much as the case of the petitioner specifically falls within the domain of alleged commission of economic offences and thus he is not entitled to be released on parole/ interim bail despite the prevailing pandemic.
The High Court further observed that “nothing stated hereinabove shall amount to any expression on the merits or demerits of W.P.(Crl.) No.814/2020 nor shall the dismissal of the prayer made by the present petitioner seeking grant of interim bail/ parole prevent the petitioner from seeking redressal, if any, before the Hon’ble High Powered Committee of this Court by moving a representation on lines similar to the observations made vide order dated 07.04.2020 of the Hon’ble Supreme Court in Writ Petition Civil Diary No.10829/2020.”
Read the Full Order Here;Malvinder-order
-India Legal Bureau