New Delhi: The Delhi High Court on Wednesday granted bail to Hyderabad-based businessman Arun Ramchandra Pillai in an excise policy-linked money laundering case.
Apex court has reiterated that ‘bail is the rule and refusal is an exception’: High Court
Justice Neena Bansal Krishna, while granting bail to Pillai, said that the Supreme Court, while granting bail to former Delhi Deputy Chief Minister Manish Sisodia in excise policy cases, has reiterated the principle that “bail is the rule and refusal is an exception” and that prolonged incarceration before being pronounced guilty of an offence should not be permitted to become punishment without trial.
“In the case of Manish Sisodia, the Hon’ble Supreme Court observed that prolonged incarceration before being pronounced guilty of an offence should not be permitted to become punishment without trial. It was further observed that fundamental right of liberty provided under Article 21 of the Constitution is superior to statutory restrictions and reiterated the principle that “bail is the rule and refusal is an exception,” the High Court said.
Apex court reiterated that objective to keep a person in judicial custody pending trial is to secure their attendance at trial: HC
The High Court also noted that the Supreme Court, while granting bail to Bharat Rashtra Samithi (BRS) leader K Kavitha in excise policy cases and former Aam Aadmi Party (AAP) communications in-charge Vijay Nair, reiterated that the objective to keep a person in judicial custody pending trial or disposal of an appeal is to secure their attendance at trial.
“The Apex Court reiterated observation in Gudikanti Narasimhulu v. Public Prosecutor, High Court of AP that the objective to keep a person in judicial custody pending trial or disposal of an appeal is to secure their attendance at trial. The same observations have been reiterated by the Apex Court while granting bail to similarly placed accused under the complaint in PMLA case in Kalvakuntla Kavitha v. Directorate of Enforcement and Vijay Nair v. Directorate of Enforcement,” the High Court said.
“Considering the above, the applicant is admitted to bail (subject to conditions),” the High Court ordered and directed Pillai to furnish a personal bond in the sum of Rs 10 lakh with two sureties of the like amount.
High Court imposed certain conditions on Pillai
The High Court, while granting bail to Pillai, imposed certain conditions on him, including surrendering his passport with the trial court, reporting to the investigating officer on every Monday and Thursday, to not leave the country without permission of the High Court and not to make any attempt to tamper with the evidence or influence the witnesses.
ED arrested Pillai in money laundering case on March 6 last year
The Enforcement Directorate (ED) arrested Pillai in the money laundering case on March 6 last year with the allegations that he was a key member of the criminal conspiracy and has been the part of the South Group and that he participated and was deeply involved in drafting and formulation of the now-defunct Excise Policy 2021-22 in conspiracy with Vijay Nair.
What are the allegation?
The Central Bureau of Investigation (CBI) and the ED are probing corruption and money laundering in the alleged Delhi Excise Policy “scam”. The agencies have alleged that high ranking government officials were in cahoots with one other and other persons and were instrumental in recommending the excise policy without the approval of the competent authority to extend favours to certain licensees that were issued after the implementation of the excise policy. It has been further alleged that advance kickback amount of Rs. 100 crore has been paid to the politicians and other public servants in Delhi and due to the nexus created by the political persons, government officers and officials and other accused persons involved in this conspiracy, a total loss of Rs. 2873 cores has been caused to the exchequer of the Government of National Capital Territory of Delhi (GNCTD).
