Sanjay Badaya Vs Directorate of Enforcement (Rajasthan High Court)
Summary: The Rajasthan High Court, Jaipur Bench, dismissed the regular bail application of Sanjay Badaya in proceedings initiated by the Directorate of Enforcement under the Prevention of Money Laundering Act, 2002 (PMLA). Justice Praveer Bhatnagar delivered the order on 11 November 2024 in S.B. Criminal Miscellaneous Bail Application No. 11728/2024. The petitioner had sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, following his arrest in connection with ECIR No. JPZO/29/2023 dated 21 August 2023. The investigation concerned alleged money laundering arising from irregularities in the award of government tenders. The petitioner disputed the allegations, challenged compliance with the statutory arrest safeguards and sought parity with co-accused Piyush Jain, who had been granted bail by the Supreme Court.
The petitioner, represented by senior counsel Vikram Choudhary, contended that he had been falsely implicated under the PMLA. He submitted that a chargesheet had already been filed, that he had remained in custody since 16 July 2024 and that the prosecution proposed to examine 47 witnesses. Considering the volume of the chargesheet and the number of witnesses, the defence argued that the trial was unlikely to conclude within a reasonable period. Reliance was placed on the Supreme Court’s decision in Manish Sisodia Vs Directorate of Enforcement, where prolonged incarceration and the likelihood of delay in completing the trial had been considered while granting bail. The petitioner also relied on the Supreme Court’s order dated 9 September 2024 granting bail to Piyush Jain and argued that his circumstances were comparable.
