The Delhi High Court granted bail to Yuvajana Sramika Rythu Congress Party (YSRCP) Member of Parliament (MP’s) son, Raghav Magunta on medical grounds in the much-discussed Delhi Excise Policy case.
According to the CBI and the ED, which are probing the cases against senior Aam Aadmi Party (AAP) leader and former Delhi Deputy Chief Minister Manish Sisodia, Raghav Magunta and others, irregularities were allegedly committed while modifying the excise policy and undue favours were extended to licence holders.
The Delhi government implemented the policy on November 17, 2021 but scrapped it at the end of September 2022 amid allegations of corruption. Manish Sisodia is also an accused in the cases lodged by both CBI and ED and is currently lodged in jail.
Zoheb Hossain, Special Counsel for ED as per instruction of S. V. Raju, Additional Solicitor General of India. (ASG) submitted that since the petitioner is cooperating in the investigation and has made statement under Section 164 Cr. PC on 27.03.2023, the interim bail on medical grounds granted on 18.07.2023 may be made absolute.
The Special Counsel has also submitted that E.D. has given concession in the present case only on the peculiar facts and circumstances of the present case and this order may not be taken as a precedent.
Siddharth Aggarwal, Senior counsel for the petitioner submitted that the mandate of twin conditions is not applicable in view of Section 45 (1) (ii) of the Prevention of Money Laundering Act,2002 (PMLA). It was also submitted that the bail application is not being opposed by Public Prosecutor, the twin conditions as prescribed by Section 45 (1) (ii) of PMLA will not be applicable.
A Single Judge Bench of Justice Dinesh Kumar Sharma observed that “It is a matter of the record that the affidavit filed by the E.D. is only on the peculiar facts and circumstances and therefore this order may not be taken as a precedent for benefit of other accused persons and may also not be taken as a precedent in any other case. Let the petitioner be released on regular bail on furnish a personal bond of Rs. 2,00,000/- (Rupees Two Lakhs) with two sureties of like amount to the satisfaction of the learned Trial Court on the following terms and conditions”.
“In view of the statement made and the facts narrated herein above, the interim bail granted vide order dated 18.07.2023 for four weeks on medical grounds is made absolute” the Court noted.
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