New Delhi, May 16 A Special PMLA Court on Saturday granted pre-arrest bail to businessman Robert Vadra, husband of Congress MP Priyanka Gandhi Vadra, in a land deal-related money laundering case, disfavouring unnecessary curtailment of liberty of an accused who has cooperated with the investigation.
Special Judge Sushant Changotra accepted Vadra's bail bond and surety bonds in sum of Rs 50,000 and put up the matter for arguments on charge on July 10.
While allowing pre-arrest bail to Vadra, the Special Court said, "Supreme Court underscored the principle that once the accused had cooperated with the investigation and submitted to the process of the court, the law does not favour unnecessary curtailment of liberty, and the appearance before court cannot be equated with automatic custody."
The court said the request of counsel for Robert Vadra... for releasing him on furnishing of bail bonds/surety bonds under Section 88 of the CrPC/ Section 91 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is allowed.
The Enforcement Directorate (ED) complaint in the matter is related to alleged money laundering linked to a land transaction in Haryana's Shikohpur village.
Judge Changotra in his order said, "The Supreme Court held that where the accused had not been arrested before cognisance and had appeared in response to summons, the question of taking them in custody did not arise, and the court could secure their presence by directing them to furnish bonds under Section 88 of the CrPC."
The court also praised the ED's investigation officer for completing the probe without depriving the accused of his liberty.
"The fact that the prosecution has proceeded to file complaint without arresting... the accused indicates that the investigating officer applied his mind to these factors and concluded that the objectives of the investigation could be met without depriving... the accused of liberty," the court said.
"This non-arrest of the accused was, therefore, a deliberate and considered determination that the accused could be fairly dealt with through the ordinary trial process without arresting him at the investigative stage," the court said.
During the hearing, the court directed the ED to furnish status report of further investigation of the case.
"The status report with respect to further investigation be filed positively on the next date," the court added.
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