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SC to issue a notice in Shivinder Singh case:
After petition filed by the Enforcement Directorate (ED) against the impugned order of Delhi High Court granting bail to the nonexecutive vice-chairman of Fortis Healthcare, Mr. Shivinder Mohan Singh, the Supreme Court on 31st July 2020 issued notice to Shivinder Mohan Singh.
Shivinder Mohan Singh is a billionaire and an Indian businessman. The former promoter along with his brother Malvinder Mohan Singh has been engaged in multiple fraud cases and money laundering conspiracies. On 12th December last year, he was arrested in a money laundering case by Enforcement Directorate in the matters related to Religare Enterprises Ltd where he and his brother were promoters. This arrest was made after the F.I.R filed against Shivinder Singh and his brother alleging them of siphoning off the funds and diverting loans extended by Religare Finvest Limited (RFL).
Shivinder Singh moved for bail request in the trial court where his request was denied. After which he moved to Delhi High Court. On 23rd July he was granted bail along with the condition of depositing Rs. 1 crore as personal bond with 2 sureties of 25 lakh each and also imposed other conditions which ordered not to tamper any evidence or witnesses directly or indirectly. Though in the arrest made by Economic Offence Wing of Delhi police on 10th October last year in a fraud case, he has been denied bail for the same.
Although concerns were raised by the enforcement directorate’s prosecutor against the favor of granting bail, on which the Delhi High court stated that, “nowhere is it the law that an accused, yet to be tried, is to be kept in custody only on a hunch or a presumption that he will prejudice or impede trial, or to send any message to the society. If anything, the only message that goes out to the society by keeping an accused in prison before finding him guilty is that our system works only on impressions and conjectures and can keep an accused in custody even on the presumption of guilt.”
Thereafter, the Enforcement Directorate filed a petition in the Supreme Court against the order of Delhi High Court granting bail. Enforcement Directorate was represented by Solicitor General Tushar Mehta with Advocates Amit Mahajan and Kanu Agrawal while the hearing of this plea they put forth that the high court did not consider the matter before granting bail. The three-judge bench of Justices Arun Mishra, B.R Gavai, and Krishna Murari issued notice and ordered status quo in the Shivinder Singh case. Further, they added that the impugned order of the Delhi high court should not be treated as a decided case or used as a citation to justify any judgment in the further case. This indicated that Shivinder Singh shall continue to be in custody for the arrest made by Economic Offence Wing of Delhi police and the court observed further hearing in this matter and set out the date for next week.
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