Continued detention necessary to unearth conspiracy: Delhi HC sets aside bail to ex-Fortis promoter Shivinder Singh
New Delhi: Holding that the impugned order suffers from serious infirmities, resulting in miscarriage of justice, the Delhi High Court on Monday set aside the order granting bail to former Fortis Healthcare promoter Shivinder Mohan Singh in a case connected with the alleged misappropriation of funds of Religare Finvest Ltd (RFL).
The RFL had moved a plea in the High Court against the March 3 trial court order granting bail to Shivinder Mohan Singh in the case registered against him by the Economic Offences Wing (EOW) for cheating, criminal conspiracy and criminal breach of trust.
A bench of Justice Suresh Kumar Kait noted that Shivinder Mohan Singh's detention was necessary to unearth the conspiracy hatched and trace the siphoned off money, which he has credited for his personal benefit.
"Keeping in mind the factual matrix of the present case as also the pertinent observations of the Supreme Court in various decisions, I have no hesitation to hold that the impugned order suffers from serious infirmities, resulting in miscarriage of justice," he ruled.
As per a recent IANS report, citing the nature and gravity of accusation against Shivinder Mohan Singh is serious, the court said the grant of bail in a case involving cheating, and criminal breach of interest by an agent of such a large magnitude of money, affecting a very large number of people would also have an adverse impact not only on the progress of the case but also on the trust of the criminal justice system that people repose.
The High Court noted that it is not disputed that after passing the March 3 order, considering the seriousness and gravity of the offence, the sessions court on April 1 dismissed the bail application of Malvinder Mohan Singh, who has been ascribed a similar role in the present case.
"Thus, in my considered opinion, the court below had no ground to grant bail to the respondent No.2 (Shivinder Mohan Singh) vide its impugned order dated March 3, as the role of respondent No.2 is not less than above named accused by any stretch of imagination," said Justice Kait in the 29-page judgement setting aside the bail granted to Shivinder Mohan Singh by the trial court.
The High Court said the trial court recorded reasons for granting bail to Shivinder Mohan Singh, but failed to consider the case pertains to a serious economic offence of high magnitude, where large amount of approximately Rs 2,400 crore, including interest has been siphoned off at the behest of the Singh brothers by diverting it through various financial transactions, by granting loan to the shell companies, of whom they were the directors or promoters or beneficiary in interest.
According to the Delhi Police's Economic Offences Wing investigation, accused Shivinder Mohan Singh along with Malvinder Mohan Singh, Sunil Godwani, Anil Saxena and Kavi Arora have been charge sheeted under Section 409/420/120B of Indian Penal Court (IPC). Investigating Officer continued further investigation and a supplementary charge sheet has also been filed against other persons, reports ANI.
Former Fortis Healthcare promoters Malvinder Singh, his brother Shivinder Singh, former CMD of REL Sunil Godhwani, Kavi Arora and Anil Saxena were arrested in the case by the Economic Offences Wing (EOW) of Delhi Police in 2019, for allegedly diverting Religare Finvest Ltd's money and investing in other companies.
The EOW registered an FIR in March 2019 after it received a complaint from RFL's Manpreet Suri against Shivinder, Godhwani and others, alleging that loans were taken by them while managing the firm but the money was invested in other companies. ED also probing and lodged a money laundering case in the matter. RFL is a group firm of REL, which was earlier promoted by Malvinder and his brother Shivinder