New Delhi, Sep 17 (PTI) The Delhi High Court on Tuesday granted bail to businessmen Amit Arora and Amandeep Singh Dhall in a money laundering case related to the alleged excise policy scam, paving the way for the release of all the accused being prosecuted in the matter.
In the main corruption case being probed by the Central Bureau of Investigation (CBI), several key accused, including AAP chief Arvind Kejriwal, former deputy chief minister Manish Sisodia and BRS leader K Kavitha are on bail.
“Bail granted,” said Justice Neena Bansal Krishna while granting relief to the two accused, Arora and Dhall.
According to the Enforcement Directorate (ED) and the CBI, irregularities were committed while modifying the Delhi Excise Policy 2021-22 and undue favours extended to licence holders.
The Delhi government had implemented the excise policy on November 17, 2021 but scrapped it at the end of September 2022 amid allegations of corruption.
Kejriwal, Sisodia, Kavitha and several others are accused in the excise policy cases.
On July 12, the Supreme Court granted interim bail to AAP leader Arvind Kejriwal in the money laundering case, as it referred to a larger bench three questions on the aspect of “need and necessity of arrest” under the Prevention of Money Laundering Act (PMLA).
It had granted bail to AAP Rajya Sabha MP Sanjay Singh in the money laundering case being probed by the ED in April.
The top court on August 9 granted bail to Sisodia, who was in jail for 17 months, in both the ED and CBI cases, reiterating the principle that “bail is rule and jail is exception”.
Setting aside the high court’s May 21 decision to refuse bail to Sisodia, the apex court had said prolonged incarceration before being pronounced guilty of an offence should not be permitted to become punishment without trial.
Subsequently, the Supreme Court also granted bail to Kavitha in the excise policy cases on August 27 on the ground that her custody was no longer required as both central agencies had completed their probe against her.
On September 2, former AAP communication in-charge Vijay Nair was also granted bail by the top court in the money laundering case.
Relying on the judgement in Manish Sisodia’s case, the high court this month proceeded to grant bail to other accused — Hyderabad-based businessman Arun Ramchandra Pillai, liquor businessman Sameer Mahendru and AAP volunteer in Goa assembly election Chanpreet Singh Rayat.
Arora is the director of Gurugram-based Buddy Retail Pvt Ltd and was arrested by the ED on November 29, 2022.
The CBI had claimed that Arora was a close associate of AAP leader Sisodia and the two were actively involved in “managing and diverting” the illicit money collected from liquor licensees. Sisodia, a former deputy chief minister of Delhi, held the excise portfolio when the policy was formulated.
According to the two central probe agencies, the other accused –Dhall, a director of Brindco Sales Private Limited, allegedly conspired with other accused and was “actively” involved in the formulation of the liquor policy and facilitating kickbacks to the AAP and its recoupment by the “South Group” through various means.
According to the probe agencies, the “South Group” is a cartel of businessmen and politicians.
He was arrested by the ED in March last year.
While granting relief to the businessmen, Justice Krishna relied on the Supreme Court’s decision granting bail to Sisodia, and noted that there are “around 69,000 pages of documents involved in both CBI and ED matters” and “there are 493 witnesses, who have to be examined on behalf of the prosecution”.
The court opined that both Arora and Dhall –who have their respective businesses in the country– have “deep roots in the society” and were not flight risks, and there was no likelihood of tampering of evidence as the same is documentary in nature.
In the same case, the other accused persons, Sisodia, Kavitha, Nair, Mahandru and Kejriwal have already been granted bail in similar circumstances, added the court.
“In the case of Manish Sisodia v. Directorate of Enforcement..the 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 court said in the judgement passed on the bail pleas.
While imposing conditions on the grant of bail, the court directed the two businessmen to furnish a bail bond in the sum of Rs 10 lakh each with two sureties of the like amount.
Dhall was represented by senior advocates Dayan Krishnan and Sidharth Aggarwal. Arora was represented by senior advocate Vikas Pahwa. PTI ADS ADS SK SK
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