Not entitled to default bail: Delhi HC while dismissing Supertech’s promoter RK Arora’s bail plea

The Delhi High Court has dismissed the default bail plea moved by the Supertech promoter RK Arora in a money laundering case.
The bench of Justice Manoj Kumar Ohri, in an order passed on March 5, 2024, dismissed the bail plea and said, in the present case, that the Enforcement Directorate has already submitted the requisite documents for obtaining expert opinion from FSL. The preparation of the FSL report is not in the control of the investigating agency, though it can take steps to expedite the process.
“As already noted above, it is the categorical stand of the ED that the investigation against the present petitioner is complete. With the mere issuance of summons to another person or seeking leave of the Court to file additional evidence, without there being any other sufficient material to challenge, the petitioner cannot be held to be entitled to a default bail. Consequently, I find no merit in the petition and the same is accordingly dismissed”, said the Court.
Default bail is enshrined in Section 167(2) of the CrPC, which states that when an accused is arrested and detained in custody, the investigation must be completed within a specified time frame, failing which the accused shall be released on bail.
Trial court Judge on January 24, 2024, while dismissing the regular bail plea of RK Arora, stated that, after the dismissal of the previous bail application via detailed order dated July 22, 2023, I am not inclined to entertain the present bail application moved under Section 439 Cr. PC on behalf of accused Ram Kishor Arora. Accordingly, the same is dismissed, said the trial Court Judge.
Earlier, the trial Court took cognizance of the prosecution complaint (chargesheet) filed by the Enforcement Directorate (ED) against him and others and also issued summons to all accused named in the chargesheet and firms through their representatives.
The Enforcement Directorate (ED) had filed a prosecution complaint (chargesheet) against Supertech’s Chairman, RK Arora in relation to a money laundering case in Delhi’s Patiala House Court. Arora was arrested on June 27 under the criminal sections of the Prevention of Money Laundering Act (PMLA).
Earlier, ED apprised the court that 23 FIRs were registered by the Economic Offences Wing (EOW), Delhi Police; Haryana Police and UP Police against Supertech Limited and its group companies under Section 120B (criminal conspiracy) read with 406(criminal breach of trust)/420 (cheating)/467/471 IPC having allegations of cheating at least 670 home buyers for an amount of Rs 164 crore.
ED also alleged that the amount collected by Supertech Ltd. was diverted to their group companies for the purchase of properties, with the company with land having much lesser value.
ED alleged that the accused persons have acquired properties, and made illegal/wrongful gain arising out of the said proceeds of crime by involving, indulging and commissioning criminal activities related to scheduled offences.
It is stated that the prima facie case for the commission of an offence punishable under Section 3 punishable under Section 4 of the PML Act has been made