Supreme Court Sets Aside Bail Granted To Anwar Dhebar On Medical Grounds In Chhattisgarh Liquor Scam Case

The Supreme Court on Friday (November 29) set aside the bail granted to Anwar Dhebar, the elder brother of Raipur Mayor and Congress leader Aijaz Dhebar, in a corruption and cheating case related to the Chhattisgarh liquor scam. The bail had been granted by the Chhattisgarh High Court on medical grounds.

A bench of Justice Abhay S Oka and Justice Augustine George Masih, in plea by state of Chhattisgarh against the HC order, noted the medical board's opinion that Dhebar was stable and had no serious medical ailments.

The Court said that the Chhattisgarh High Court should have had Dhebar's medical condition examined by a medical board before considering medical bail.

“Medical Board consisted of doctors of surgical gastroenterology, nephrology, neurology, general surgery department. They have opined that as on that day there is no evidence of the medical condition mentioned in paragraph 7 of the impugned order. In fact the medical board has recorded that the condition of the respondent is stable with no significant medical ailments. Before considering the case for grant of bail on medical ground High Court ought to have got the respondent examined by medical board of any public hospital”, the Court observed.

The Supreme Court, noting that bail was granted on medical grounds, had directed that Dhebar be examined by a medical board at the All-India Institute of Medical Sciences (AIIMS), Raipur.

The Supreme Court clarified that while arguments on merits were raised before the High Court, the impugned order was primarily granted bail on medical grounds and could not be sustained.

“Though the learned senior counsel for respondent contended that bail was granted not only on medical grounds but also on merits and in fact submissions were canvassed on merits. Second part of what he says appears to be correct in view of the submissions recorded in the impugned order. But we do not agree that the bail was granted also on merits. The bail granted on medical grounds cannot be sustained. However the case of the respondent for grant of regular bail on merits will have to be considered”, the Court held.

The Supreme Court restored the petition for regular bail (MCRC No. 3455 of 2024) to the High Court's file and directed it to be listed before the appropriate bench on December 6, 2024. The parties to the case are required to appear before the High Court on that day. The High Court was directed to fix an early hearing date for the bail application.

The Supreme Court added that if Dhebar gets bail in the PMLA case against him, he can seek interim bail from the High Court in the corruption case. All contentions of the parties regarding the merits of the case have been left open for consideration by the High Court.

Background

Dhebar was arrested in connection with an alleged liquor scam in Chhattisgarh, involving an estimated Rs. 2,161 crore in proceeds of crime. The Enforcement Directorate (ED) conducted an investigation into the operation of an alleged criminal syndicate that collected illegal commissions and sold unaccounted liquor through government liquor shops. Based on a communication under Section 66 of the Prevention of Money Laundering Act, 2002, from the ED, the Anti-Corruption Bureau (ACB), Chhattisgarh, registered the FIR.

Dhebar filed a bail application under Section 439 of the CrPC, arguing that the allegations against him were unfounded and that he suffered from severe health issues, including chronic kidney disease, gallbladder stones, and other ailments. He submitted that his condition necessitated specialized medical treatment. The High Court granted him bail, citing his health condition.

The prosecution opposed the bail, asserting that Dhebar was part of a criminal syndicate engaged in illegal activities and was not suffering from serious medical conditions.

Senior Advocate Mahesh Jethmalani appeared for the state.

Senior Advocate Siddharth Dave appeared for Dhebar

Case no. – Crl.A. No. 4908/2024 

Case Title – State of Chhattisgarh v. Anwar Dhebar