Delhi High Court Grants Bail To Two Businessmen In Excise Policy Case; Relies On Manish Sisodia Case
The Delhi High Court has granted bail to two businessmen namely Amandeep Singh Dhall and Amit Arora in an Excise Policy Case.
The Court while dealing with bail applications filed by the two accused, relied upon the case of Manish Sisodia v. Directorate of Enforcement [SLP (Crl.) No. 8188/2023].
A Single Bench of Justice Neena Bansal Krishna said, “The Apex Court in Manish Sisodia (supra) reiterated observation in Gudikanti Narasimhulu v. Public Prosecutor, High Court of A.P. (1978) 1 SCC 240 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 Bench directed the accused persons to be released on bail subject to furnishing a bail bond of Rs. 10 lakhs with two sureties of the like amount, to the satisfaction of the Special Judge/Trial Court.
Senior Advocates Dayan Krishnan, Sidharth Aggarwal, and Vikas Pahwa represented the petitioner/accused while Advocate (Special Counsel) Zoheb Hossain represented the respondent/Enforcement Directorate (ED).
Background -
Amandeep filed a petition under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) read with Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA), seeking grant of a regular bail in Enforcement Directorate (ED) case registered under Sections 3 and 4 of PMLA. Amit Arora filed a bail application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) read with Section 45 of the PMLA, seeking grant of regular bail in an ED registered under Sections 3 and 4 of PMLA.
The Court in the Amandeep’s case, observed, “The ED case is primarily dependent on documentary evidence which is already seized by the prosecution. Similarly, the apprehension regarding influencing witnesses and that of being a flight risk can be diffused by imposing stringent conditions while granting bail. Therefore, the conditions of triple test are duly satisfied by the Applicant.”
The Court in Amit Arora’s case, noted that the conditions of triple test are duly satisfied by the applicant/accused.
The Court, therefore, granted bail to the accused persons on the following terms and conditions –
a. The Applicant is directed to be released forthwith on bail in connection with the ECIR No. ECIR/HIU-II/14/2022dated 22.08.2022, registered by the Directorate of Enforcement, subject to furnishing a bail bond in the sum of Rs.10,00,000/- with two sureties of the like amount; to the satisfaction of the learned Special Judge/Trial Court.
b. The Applicant shall appear before the Court as and when the matter is taken up for hearing.
c. The Applicant shall provide mobile number to the IO concerned which shall be kept in working condition at all times and he shall not change the mobile number, without prior intimate to the Investigating Officer concerned.
d. The Applicant shall not change his residential address and in case of change of the residential address, the same shall be intimated to this Court, by way of affidavit.
e. The Applicant shall surrender his passport with the learned Special Court;
f. The Applicant shall report to the Investigating Officer on every Monday and Thursday between 10:00 to 11:00 AM;
g. The Applicant shall not indulge in any criminal activity and shall not communicate with or come in contact with the witnesses.
h. The Applicant shall not leave the country, without permission of this Court.
i. The Applicant shall not make any attempt to tamper with the evidence or influence the witnesses.
Accordingly, the High Court granted bail to the accused persons.
Cause Title-
Amandeep Singh Dhall v. Directorate of Enforcement (Neutral Citation: 2024:DHC:7114)
Amit Arora v. Directorate of Enforcement (Neutral Citation: 2024:DHC:7115)
Appearance:
Petitioners:
Amandeep: Senior Advocates Dayan Krishnan, Sidharth Aggarwal, Advocates Tanveer Ahmed Mir, Vedanta Varma, Adit Pujari, Shashwat Sarin, Shaurya, and Manvinder Singh Shekhawat.
Amit Arora: Senior Advocate Vikas Pahwa, Advocates Prabhav Ralli, Namisha Jain, Dev Vrat Arya, Yuvraj Bansal, and Pranay Chitale.
Respondent: Advocates Zoheb Hossain, Vivek Gurnani, Kartik Sabharwal, Pranjal Tripathi, and Kanishk Maurya.
Click here to read/download the Judgment (Amandeep’s case)
Click here to read/download the Judgment (Amit Arora’s case)
