The Delhi High Court has granted the bail to the accused who impersonated government officers and extorted ₹200 crore after 3.4 years in custody.
The bench of Justice Amit Sharma has observed that the applicant was arrested on 12.10.2021 and has been in custody for a period of 3 years and 4 months approximately. The trial in the complaint is yet to commence and would take time to conclude. Apart from expressing apprehension of the applicant being a flight risk, no material has been shown to demonstrate the same. The evidence is primarily documentary in nature which is already in possession of the prosecution.
On the basis of the complaint filed by Aditi Shivinder Singh with Delhi Police with respect to extortion of money to the tune of Rs. 200 crore by unknown persons, FIR No. 208/2021 dated 07.08.2021 was registered by Special Cell, Delhi Police under Sections 170, 384, 386, 388, 419, 420, 506 and 120B of the Indian Penal Code, 1860 and Section 66(D) of the Information and Technology Act, 2000 against some unknown persons for hatching a criminal conspiracy by impersonating as Government Officers of highest ranks and extorted money to the tune of Rs. 200 crore from the complainant.
The applicant submitted that for committing an offence under Section 3 of the PMLA, the accused must be shown to have mens rea with regard to the offence which is alleged to have been committed by him. The applicant lacks both the knowledge and mens rea with regard to the offence alleged to have been committed by him.
The applicant contended that no proceeds of crime have been earned or acquired directly or indirectly or illegally by the present applicant. The alleged role of the present applicant was that he was associated with co- accused Leena Paulose, who is the wife of co-accused Sukash Chandrasekhar. The evidence against the present applicant is in the form of confessional statements by the other co-accused persons which cannot be relied upon with respect to the prosecution of the applicant.
The applicant contended that he has been in custody since 21.10.2021 and 4 supplementary complaints have been filed, the trial has not commenced as charges have still not been framed. The maximum sentence provided for the offence under Section 4 of the PMLA is 7 years, with a minimum sentence of 3 years. A total of 300 prosecution witnesses have been cited by the prosecution and trial is not likely to conclude in the near future.
The court allowed the bail application subject to furnishing a personal bond in the sum of Rs. 1,00,000 alongwith one surety of like amount to the satisfaction of the learned Trial Court/Link Court, further subject to the various conditions.
Case Details
Case Title: Arun Muthu Versus Directorate Of Enforcement
Case No.: Bail Appln. 1821/2024
Date: 20th February, 2025
Counsel For Applicant: Naveen Malhotra
Counsel For Respondent: Manish Jain
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