New Delhi, January, 31 (FN Bureau) A Delhi court on Monday granted14 days interim bail to businessman Amit Arora arrested by Enforcement Directorate in connection with a money laundering case linked to the alleged Delhi Excise Liquor scam case. Special Judge for CBI M K Nagpal after arguments on behalf of Enforcement Directorate and defence counsel granted the interim relief to Arora on his application that his wife has to undergo surgery for removing gallstones. The court said in it’s order,” it has since been held by the Hon’ble Supreme Court as well as by the Hon’ble High Courts in a number of judgments that despite such conditions contained incases of grave and serious offences committed under the enactments like the NDPS Act, MCOCA (Maharashtra Control of Organised Crime Act, 1999), UAPA (Unlawful Activities [Prevention] Act) and the PMLA etc., interim bail to an accused can be granted on humanitarian grounds if the facts and circumstances of a particular case warrant so.
“However, it has to be given while keeping the purpose of incorporation of the above stringent conditions in mind and only when the interests of justice require the release of an accused on interim bail in view of the compelling and peculiar circumstances of a particular case”, the order read. Whie granting the conditional interim bail, the court asked Arora to furnish a personal bond of Rs 2 lakh with one surety of the like amount. The court further directed him to surrender his original passport in the court and not to destroy the evidence of the case. Advocate Ujjawal Anand Sharma moved an application on January 23 seeking interim bail for a period of eight weeks on humanitarian grounds for his client Arora,. Special Public Prosecutor NK Matta representing the ED opposed the bail application by submitting that keeping in view the twin conditions contained U/S 45 of the PMLA, there is no ground made out for grant of interim bail to the applicant in the present case.
It is also their submission that though the interim bail on humanitarian grounds can be granted to an accused even in a case under the PMLA, but it has to be granted only when some exceptional and extraordinary circumstances to justify the grant of interim bail are there and the case of applicant is not of the nature to warrant his release on interim bail, Matta argued. Apprehensions of tampering with evidence and influencing witnesses of the case by the applicant have also been expressed, in the eventuality of his being released on interim bail for the above said purpose. He further submitted that if this court comes to a conclusion that interim bail is to be granted to the applicant for the above said purpose, then it has to be for the minimal duration as per advise given by the doctor concerned.In this matter Enforcement Directorate has alleged that irregularities were committed and undue favours were extended to licence holders while modifying Delhi’s Excise Policy.