Liquor Policy Case: Delhi High Court Grants Interim Bail To Businessman Sameer Mahendru In Money Laundering Case

The Delhi High Court on Monday granted interim bail for six weeks on medical grounds to businessman Sameer Mahendru in the money laundering case related to the implementation of previous liquor policy in national capital.

A vacation bench of Justice Chandra Dhari Singh, who had reserved the judgment on June 07, directed that Mahendru be released from jail forthwith and that he shall surrender before the concerned Trial Court on July 25 on the expiry of the interim bail.

The court said that there was nothing on record to show that the liberty granted to Mahendru was misused by him during his previous interim bails and that he was also not found to be an absconder.

“Hence, in view of the health conditions of the petitioner, the medical records being furnished on behalf of the petitioner and the same being verified by the ED as authentic, the non-denial of the condition of the petitioner which is worse than the co-accused who has been granted regular bail, and on the perusal of all other precedents this Court finds that the petitioner is suffering from life-threatening diseases warranting immediate medical attention and post-operative care. This Court is of the opinion in view of the aforesaid discussion, the petitioner‟s case satisfies the test of the proviso to Section 45(1) of the PMLA,” the court said.

It added that health condition of a human being deserves utmost importance and the right to health is one of the most significant dimensions of Article 21 of the Constitution of India.

“Every person has a right to get himself adequately and effectively treated. The exercise of discretion of the grant of bail is not to be exercised only as a last resort rather freedom is a cherished fundamental right,” Justice Singh said.

Mahendru was granted interim bail by the trial court on February 28 on medical grounds for undertaking surgery for removal of gall bladder stones and for treatment of his back pain. Since he was advised to undergo another surgery for his lower back, he sought an extension of interim medical bail which was granted by the Trial Court till May 01.

Although ED opposed Mahendrum’s plea on the ground that the report of the medical board stated that his condition was stable, the court said that mere stability of his condition was not reflective of the life-threatening disease that he was suffering from which warranted immediate and best medical treatment.

The court also observed that there was nothing brought on the record to show that Mahendru is a flight risk.

“Though the medical report indicates that the condition of the petitioner is stable at the date of assessment and he is making progress, he is still eligible to be categorized under the term “sick” enumerated under proviso to Section 45(1) of PMLA due to the life-threatening nature of the diseases with likelihood of causing irreversible injury to the petitioner,” the court said.

The matter will now be heard on July 17.

Recently, Aam Aadmi Party leader and former Delhi Chief Minister Manish Sisodia was denied interim bail in the same case. Sisodia had sought interim bail for a period of six weeks in view of the poor health condition of his wife. 

Senior Advocate Vikas Pahwa along with Advocates Dhruv Gupta, Manik Dhingra and Prabhav Palli, represented the petitioner.

Title: SAMEER MAHANDRU v. DIRECTORATE OF ENFORCEMENT

Citation: 2023 LiveLaw (Del) 512

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