Nirav Modi, the main accused in the Punjab National Bank fraud case, is expected to appeal against the decision last week of Chief Magistrate Emma Arbuthnot at Westminster Magistrates Court denying him bail. The appeal — which is yet to be submitted — would have to be made at the High Court in London.
“Mr Modi intends to appeal his bail decision but he has not yet submitted the appeal,” said a spokesperson for the Crown Prosecution Service in a statement.
When asked last week whether they were intending to make the appeal, Modi’s lawyer, Anand Doobay, said they would not comment at that time.
While there is no time limit for Modi to appeal, his legal team would have to give the Crown Prosecution Service, which is acting on behalf of India in the extradition proceedings, 48 hours notice of their intention to do so. A hearing would have to be listed within a further 48 hours of the appeal being filed.
Any appeal would take place in parallel to the extradition proceedings at Westminster Magistrates Court, where Modi is next set to appear by video link from prison on April 26 for a procedural hearing. After bail was denied, the Crown Prosecution Service, acting on India’s behalf, have till May 24 to submit their papers, which would be followed by another six weeks for the defence to do the same.
Arbuthnot rejected Modi’s second application for bail last week, despite the offer of up to £1 million in security and an offer to wear an electronic tag as the prosecution asserted that he had threatened to kill a witness, and had destroyed evidence in an effort to prevent the case from moving forward and that there was real concern he could make further attempts to do so. The judge acknowledged that such accusations were “very unusual” in fraud cases and concluded that these concerns as well as the high value of the fraud amount involved in the case, as well as attempts to by Modi to unsuccessfully seek citizenship in Vanuatu meant there was a risk he would not surrender to the court.
