Case Study Details

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Bail Application

Case Details

Client: Mr. Arvind Shah
Attorney: Rajan Patel
Result: Winner
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Rajan Patel Advocate Associates were tasked with securing bail for Mr. Jayesh Mehta, a prominent industrialist from Ahmedabad, who was arrested on charges of tax evasion and financial fraud amounting to ₹10 crore. The arrest was made by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA), 2002.

Legal Challenge

Securing bail in financial fraud cases, especially under PMLA, is particularly challenging due to stringent bail provisions. The primary task was to establish that Mr. Mehta was not a flight risk and that the allegations were based on preliminary findings.

Our Approach And Solution

Detailed Bail Petition

  • Prepared a comprehensive bail application highlighting Mr. Mehta’s clean record, his deep roots in the community, and his cooperation with the investigation.
  • Emphasized the preliminary nature of the allegations and the need for Mr. Mehta to manage his business operations.

Legal Precedents

  • Cited relevant legal precedents where bail was granted in similar financial fraud cases.
  • Highlighted the constitutional right to liberty and the presumption of innocence until proven guilty.

Medical Grounds

  • Submitted medical reports indicating Mr. Mehta’s health issues, which required regular medical attention.
  • Argued that incarceration would adversely affect his health and complicate ongoing medical treatments.

Surety and Conditions

  • Offered a substantial surety amount and proposed stringent conditions to ensure Mr. Mehta’s compliance with bail terms.
  • Suggested measures like surrendering his passport and regular check-ins with the local police.

The Outcome of the Lawsuit

The Ahmedabad Sessions Court granted bail to Mr. Jayesh Mehta, considering the arguments and the substantial surety offered. The court imposed conditions to prevent any attempt to flee or tamper with the evidence. This case underscored the importance of a well-structured bail application and the strategic use of legal precedents.

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