In his order, Justice Singh recorded that the trial is yet to begin in the matter and the ED has listed 109 witnesses till date and the prosecution complaint run into lakhs of pages in multiple trunks.
“Without a completion of investigation, no charges can be framed nor can trial cannot begin. In the light of this, the court cannot let the applicant undergo long period of detention. If this court allows the continuing pre-trial incarceration, the same will amount to deprivation of personal liberty as well as travesty of justice as the same is equivalent to punishment without trial,” the Court said.
It was also observed that even though the allegations against Bhuraria were serious, but the chargesheet was yet to be filed.
“Assuming that the applicant was the mastermind, the respondent (ED) did not name him in the original FIR. The applicant had conducted audit of the company and had certified the fictitious accounting entries in the books of accounts of the company to inflate financials of SBFL, even then during his entire custody he has been interrogated only on one occasion on 13.11.2021.”
Source: Barandbench
