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[Covid-19]: No bail in economic offences, Delhi HC denies bail to ex-Fortis promoter

The Delhi High Court on May 15, 2020 {MALVINDER MOHAN SINGH v. STATE & ANR.} held that interim bail stands declined to the petitioner (Malvinder Mohan Singh) as the accused was involved in an offence punishable for more than 7 years of sentence and in more than one case and that too under the PMLA Act and that he does not qualify to be released pursuant to directions of the Hon’ble High Powered Committee dated 28.03.2020.

The HC further held 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 the High Court dated 28.03.2020 nor within the guidelines of the Hon’ble High Powered Committee laid down on 18.04.2020, coupled with the factum that the status 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. Accordingly, the application was dismissed for bail / parole of ex-Fortis promoter Malvinder Mohan Singh.

In the present case, an application was filed by the petitioner under Article 226 of the Constitution r/w Section 482 of the Cr.PC, 1973 seeking that the minutes of the meeting of the Hon’ble High Powered Committee of the Delhi High Court held on 28.03.2020 be stayed and the respondent be directed to release the petitioner on bail/ parole on such terms and conditions as the High Court may consider appropriate. 

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