The Delhi High Court today granted bail to Congress leader DK Shivakumar in connection with the money laundering case he has been implicated in..DK Shivakumar is entitled to bail both on merits as well as medical grounds, the Court said..A Single Judge Bench of Justice Suresh Kumar Kait observed DK Shivakumar has already been interrogated extensively by the Agency since his arrest and custody and his further interrogation was not required anymore..The Court was of the opinion that the DK Shivakumar satisfied the triple test for the grant of bail. Justice Kait stated that the Agency did not argue that Shivakumar was a flight risk and there was no chance of tampering with evidence as all the documents were already in custody of the Agency. It added that there were no allegations of influencing the witnesses as well..The Court thus proceeded to grant bail to DK Shivakumar on a personal bail bond of Rs 25 lakh with two sureties of the like amount..The Court has further instructed Shivakumar to cooperate with the investigation, not influence the witness and not leave the country with the Court’s permission..While granting bail, the Court recorded that Shivakumar was discharged by a Special Court, Bengaluru in 3 out of 4 complaints pertaining to the Income Tax raids. With respect to the fourth case, the Court noted, the Karnataka High Court had directed a stay on further proceedings and there was also an order of the Supreme Court directing no coercive actions against other accused..Further, it was not in dispute that the offences under Section 276C, 277 of the Income Tax Act alleged against Shivakumar are compoundableoffences and the only ‘Scheduled Offence’ invoked against him is Section 120B IPC, the Court said..DK Shivakumar had moved the High Court for bail last month after the same was rejected by the Special CBI Court..Shivakumar was arrested by the Enforcement Directorate (ED) on September 3 after undergoing four days of interrogation in relation to the case. The ED had cited Shivakumar’s non-cooperation during the questioning as the reason for his arrest..The ED case against DK Shivakumar stems from an income tax raid conducted in 2017. A money laundering case was registered against him pursuant to an ECIR on the basis of a complaint filed by the Income Tax authorities for offences punishable under Section 276C(1), 277 and 278 of the Income Tax Act, 1961 read with Section 193, 199 and 120B of the Indian Penal Code, 1860..Shivakumar sought bail on the ground that the Prevention of Money Laundering Act (PMLA) case against him could not be sustained in view of the absence of a scheduled predicate offence..He has claimed that all his assets were duly declared in his income tax declarations as well as nomination affidavits, and there was no money laundering..The Enforcement Directorate, on the other hand, sought the rejection of the bail plea on the ground that it was a “classic case of money laundering” which “affects the economy of the country”. It justified the initiation of the investigation under the PMLA on the ground that the Section 120B IPC, which is a predicate offence, is a scheduled offence under the PMLA..ED claimed that the assets and money owned by Shivakumar and his family were disproportionate to his income as an agriculturist and have been possessed by the misuse of public office..Claiming that the investigation in the case was ongoing, the ED had sought the refusal of bail to DK Shivakumar. It apprehended that if enlarged on bail, he would resort to evidence tampering and influencing witnesses..After the end of the maximum period of police custody post-arrest, DK Shivakumar was sent to 14-days of judicial custody on September 17. His custody was then further extended till October 25..DK Shivakumar was represented by Senior Advocate Abhishek Manu Singhvi..The ED was represented by ASG KM Natraj..Read the Judgement:
The Delhi High Court today granted bail to Congress leader DK Shivakumar in connection with the money laundering case he has been implicated in..DK Shivakumar is entitled to bail both on merits as well as medical grounds, the Court said..A Single Judge Bench of Justice Suresh Kumar Kait observed DK Shivakumar has already been interrogated extensively by the Agency since his arrest and custody and his further interrogation was not required anymore..The Court was of the opinion that the DK Shivakumar satisfied the triple test for the grant of bail. Justice Kait stated that the Agency did not argue that Shivakumar was a flight risk and there was no chance of tampering with evidence as all the documents were already in custody of the Agency. It added that there were no allegations of influencing the witnesses as well..The Court thus proceeded to grant bail to DK Shivakumar on a personal bail bond of Rs 25 lakh with two sureties of the like amount..The Court has further instructed Shivakumar to cooperate with the investigation, not influence the witness and not leave the country with the Court’s permission..While granting bail, the Court recorded that Shivakumar was discharged by a Special Court, Bengaluru in 3 out of 4 complaints pertaining to the Income Tax raids. With respect to the fourth case, the Court noted, the Karnataka High Court had directed a stay on further proceedings and there was also an order of the Supreme Court directing no coercive actions against other accused..Further, it was not in dispute that the offences under Section 276C, 277 of the Income Tax Act alleged against Shivakumar are compoundableoffences and the only ‘Scheduled Offence’ invoked against him is Section 120B IPC, the Court said..DK Shivakumar had moved the High Court for bail last month after the same was rejected by the Special CBI Court..Shivakumar was arrested by the Enforcement Directorate (ED) on September 3 after undergoing four days of interrogation in relation to the case. The ED had cited Shivakumar’s non-cooperation during the questioning as the reason for his arrest..The ED case against DK Shivakumar stems from an income tax raid conducted in 2017. A money laundering case was registered against him pursuant to an ECIR on the basis of a complaint filed by the Income Tax authorities for offences punishable under Section 276C(1), 277 and 278 of the Income Tax Act, 1961 read with Section 193, 199 and 120B of the Indian Penal Code, 1860..Shivakumar sought bail on the ground that the Prevention of Money Laundering Act (PMLA) case against him could not be sustained in view of the absence of a scheduled predicate offence..He has claimed that all his assets were duly declared in his income tax declarations as well as nomination affidavits, and there was no money laundering..The Enforcement Directorate, on the other hand, sought the rejection of the bail plea on the ground that it was a “classic case of money laundering” which “affects the economy of the country”. It justified the initiation of the investigation under the PMLA on the ground that the Section 120B IPC, which is a predicate offence, is a scheduled offence under the PMLA..ED claimed that the assets and money owned by Shivakumar and his family were disproportionate to his income as an agriculturist and have been possessed by the misuse of public office..Claiming that the investigation in the case was ongoing, the ED had sought the refusal of bail to DK Shivakumar. It apprehended that if enlarged on bail, he would resort to evidence tampering and influencing witnesses..After the end of the maximum period of police custody post-arrest, DK Shivakumar was sent to 14-days of judicial custody on September 17. His custody was then further extended till October 25..DK Shivakumar was represented by Senior Advocate Abhishek Manu Singhvi..The ED was represented by ASG KM Natraj..Read the Judgement:
