Bail – Interim Bail during the pendency of Appeal – Court to consider peculiarities associated with person in question and surrounding circumstances – Appellant has not been convicted, no criminal antecedents – Question of legality and validity of arrest sub judice – Interim bail granted. Held: Appellant arrested on 21.03.2024 by Directorate of Enforcement – Arrest upheld by trial court and High Court – Order and judgment challenged – Questions relating to legality and validity of arrest sub judice – Power to grant interim bail – 18th Lok Sabha General Elections is an intervening factor – More holistic and libertarian view justified – While examining the question of grant of interim bail, courts to consider peculiarities associated with person in question and surrounding circumstances – Appellant is the Chief Minister of Delhi and leader of one of the national parties – He has not been convicted and has no criminal antecedents – Investigation pending since August 2022 – Grant of interim bail to Appellant does not give premium of placing the politicians in a benefic position compared to ordinary citizens – Interim bail granted subject to terms and conditions. [Paras 7, 8, 15] Bail – Grant of Interim Bail – Terms and Conditions: Held: Interim Bail granted subject to terms and conditions – Appellant to surrender on 02.06.2024 – Bail bonds with surety to be furnished – Appellant not to visit the Office of the Chief Minister and the Delhi Secretariat – Appellant bound by statement made on his behalf that he shall not sign official files unless it is required and necessary for obtaining clearance/ approval of the Lieutenant Governor of Delhi – Appellant will not make any comment with regard to his role in the present case – Appellant will not interact with any of the witnesses and/or have access to any official files connected with the case. [Para 18]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Prastut Mahesh Dalvi, Hony. Associate Editor (Verified by: Shibani Ghosh, Adv.). Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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