Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Interim Bail Interim suspension of sentence |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Prevention of Money Laundering Act, 2002 (15 of 2003) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | 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] |
Judge | N/A |
Neutral Citation | 2024 INSC 400 |
Petitioner | Arvind Kejriwal |
Respondent | Directorate Of Enforcement |
SCR | [2024] 6 S.C.R. 346 |
Judgement Date | 2024-05-10 |
Case Number | 2493 |
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